BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

 12^th DAY OF APRIL 2018

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct OPs to execute and register a site measuring 40x60 feet in the layout formed at “Ayushman Bhava at Attibele Sarjapura Road”, Bidragupe village, Attibele Hobli, Anekal Taluk, Bangalore in the name of complainant and to hand over vacant physical possession or direct the OP to pay an amount of Rs.13,20,000/- together with interest @ 18% p.a from the respective dates of deposit, award damages by way of compensation and such other reliefs on the allegations of deficiency in service.

2. The brief averments made in the complaint are as under:

OP being a society duly gave wide paper advertisement to the effect that a grand residential layout would be formed namely “Ayushman Bhava at Attibele-Sarjapura Road”, Bidragupe village, Attibele Hobli, Anekal Taluk, Bangalore with various dimensions of sites and in that regard they are in possession and enjoyment of larger extent of lands duly acquired on behalf of them and called for membership from the public.  Accordingly, the complainant became associate member and applied for a site measuring 40x60 feet.  The complainant after becoming member remitted Rs.13,20,000/- on various dates as per the demand made by the society which includes the cost of registration expenses also.  The deposit particulars are as below.

OPs have communicated/conducted several meetings by distributing pamphlets/handbills to its members highlighting the developments of the layout in part.  The complainant came to know that several other members were allotted sites out of turn and got registration of the same in their names by the society overlooking his seniority.  The complainant requested OPs several times orally to allot him a site and to register the same.  The OPs have not acted as per their promise and have failed to allot a site to the complainant.  The complainant issued a legal notice dated 07.09.2017 requesting OPs either to allot and register a site measuring 40x60 feet in his name within 10 days from the date of receipt of the notice or to return his earnest money of Rs.13,20,000/- along with interest @ 18% p.a from the date of respective payment till its realization along with damages.  The said notice was personally served on the society on 07.09.2017.  The OPs have caused reply dated 27.10.2017 taking untenable stand.  The lethargic, dishonest intention, causing wrongful loss and failure to provide services as per law by the OPs and there is deficiency of service on the part of OPs.  Hence the complainant filed this complaint seeking appropriate relief for his grievance.

3. Despite service of notice, OPs failed to appear and contest the complaint.  Hence OPs were placed ex-parte.  Thereafter the complainant was called upon to tender his evidence by way of affidavit.  Accordingly, complainant tendered his evidence by way of affidavit along with documents reiterating the allegations made in the complaint.

4. The allegations made in the complaint, sworn testimony of the complainant coupled with receipts etc., goes to establish that the complainant has paid advance amount of Rs.13,20,000/- on different dates towards purchase of a site measuring 40x60 feet.  OPs despite having received huge advance amount of Rs.13,20,000/- has failed to allot a site to the complainant.  Complainant having noticed that, OPs are unable to allot site in his name, demanded refund of advance amount.  However, OPs have failed to refund the said amount despite repeated oral request and legal notice.  We have no reasons to disbelieve the unchallenged testimony of the complainant which are supported by valid documents.  OPs for the reasons best known to them remained ex-parte and failed to contest the complaint.  We have no reason to disbelieve the averments made in the complaint coupled with the sworn testimony of the complainant.  An inference can be drawn from the willful absence of OPs that they admit the claim put forth by the complainant. 

5. The complainant has successfully proved that OPs having collected huge advance amount of Rs.13,20,000/- have failed to allot site and thereafter failed to refund the advance amount.  The said conduct of OPs certainly amounts to grave deficiency of service.  The said conduct of OPs must have put the complainant to great hardship, inconvenience and mental agony.  Hence OPs are to be directed to execute a registered sale deed in respect of site in favour of complainant without demanding any extra amount within three months from the date of communication of the order.  If for any legal and valid reasons OPs are unable to execute and register a sale deed within the stipulated period they shall have to be directed to refund the entire amount collected from the complainant together with interest @ 18% p.a.  Further OPs are to be directed to pay compensation of Rs.1,00,000/- to the complainant towards deficiency of service resulting in hardship, inconvenience and mental agony together with litigation cost of Rs.4,000/-.

6. In the result, we proceed to pass the following:  

  O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part. 

OPs are directed to execute registered sale deed in favour of complainant in respect of site measuring 40x60 feet in the layout formed by OPs at “Ayushman Bhava at Attibele Sarjapura Road”, Bidragupe Village, Attibele Hobli, Anekal Taluk, Bangalore within three months from the date of communication of this order.  In the event OPs are unable to execute the registered sale deed in respect of site mentioned above in the limits of Bidragupe Village, Attibele Hobli, Anekal Taluk, Bangalore, for any valid and legal reasons, they shall refund Rs.13,20,000/- together with interest @ 18% p.a from the date of receipt till the date of realization together with compensation of Rs.1,00,000/- to the complainant towards deficiency of service resulting in hardship, inconvenience and mental agony.  Further OPs shall pay litigation cost of Rs.4,000/- to the complainant.  The OPs shall comply the order within four months from the date of communication of the order.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 12^th day of April 2018)

MEMBER                                                              PRESIDENT

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Witnesses examined on behalf of the complainant dated 22.03.2018.

Sri.Vishwanath M Pujari,

       Witnesses examined on behalf of the OPs - Nil

          Document Produced by OPs – Nil

MEMBER                                                                 PRESIDENT

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