Date of Filing: 26.02.2009<br /> Date of Order: 09.06.2009<br /> <br /> <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> Dated: 09TH DAY OF JUNE 2009<br /> PRESENT<br /> <br /> <br /> <br /> SRI. S.S. NAGARALE, PRESIDENT<br /> SMT. M. YASHODHAMMA, MEMBER <br /> SRI.A.MUNIYAPPA, MEMBER<br /> <br /> <br /> COMPLAINT NO: 473 OF 2009<br /> <br /> Shweta Gangwar<br /> 94/16, 1st Floor, 1st Main<br /> 3rd Cross, Nanjappa Layout<br /> Adugodi, Bangalore Complainant<br /> <br /> V/S<br /> <br /> Director<br /> Kristal Projects (India) Ltd.<br /> No. 1, 4th Cross, 29th Main<br /> BTM II Stage<br /> Bangalore 560076 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of Rs. 4,10,000/-.<br /> The facts of the case are that the complainant has booked apartment with the opposite party and he has paid in all Rs. 3,85,000/- towards the part payment of price of the apartment and he has paid Rs. 25,000/- on 02.08.2008 through cheque towards cost and expenses of Unit No. 1. The complainant submitted that due to personal circumstances she decided to withdraw / cancel the allotment and she requested the opposite party company to cancel the allotment of flat through e-mail and demanded refund of the amount. She was promised that refund will be cleared in the second week of January 2009. But the company did not pay the same. Complainant submitted that company is not responding at all either through written communication nor committed date of refund. Company was suppose to refund the amount within 30 days from the date of cancellation notice. Therefore, the complainant has demanded refund of the amount with compensation and interest. <br /> 2. Notice issued to opposite party. Notice was served. Inspite of service of notice the opposite party has not appeared before this forum and therefore, the opposite party was placed ex-parte.<br /> 3. The complainant has filed his affidavit evidence.<br /> 4. Perused the complaint, affidavit and documents.<br /> 5. As per the documents produced by the complainant it is very clear that he has paid Rs. 25,000/- through cheque on 02.08.2008 and the opposite party company had issued receipt to that effect. The complainant has produced registration form and receipts issued by the opposite party company. The complainant in all has paid Rs. 3,85,000/- to the opposite party towards part payment of the flat. Apart from Rs. 25,000/- as registration money the total amount paid by the complainant comes to Rs. 4,10,000/-. The case put up by the complainant has gone unchallenged. The opposite party society has not appeared and contested the matter even though served with notice. It appears that opposite party society has no defence to make that is why it remained absent. There is nothing to show that the case of the complainant shall not be accepted as true and correct. The complainant having paid the amount and she has intimated the opposite party company to cancel the allotment through correspondence and e-mail, the opposite party society had promised to refund the amount but it has not kept up its promise and commitment. Therefore, the opposite party society shall be directed to pay the interest on the refund amount since the amount has been utilised by the opposite party society. In the result I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is allowed. The opposite party company is directed to pay Rs. 4,10,000/- to the complainant within 30 days from the date of this order. The complainant is also entitled for interest at 10% p.a. on the above amount from the date of respective payment till payment / realisation.<br /> 7. The complainant is also entitled for Rs. 2,000/- as costs of the present litigation from the opposite party.<br /> 8. Send the copy of this Order to both the parties free of costs immediately as per statutory requirement. <br /> 9. Pronounced in the Open Forum on this 09TH DAY OF JUNE 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT I/c.<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> <br />