Date of Filing: 23.03.2010<br /> Date of Order: 19.06.2010<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 19TH DAY OF JUNE 2010<br /> <br /> <br /> PRESENT<br /> <br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 624 OF 2010<br /> <br /> Sri Maloy Choudhury<br /> S/o late Jyotish Chandra Choudhury,<br /> No.G-3, Srinidhi Vintage,<br /> 8th A Main Road, <br /> LBS Nagar, HAL Post,<br /> Bangalore-17. Complainant<br /> <br /> <br /> V/S<br /> <br /> Managing Director,<br /> M/s. Durga Properties,<br /> Regd. Office at <br /> No.9, G-3, “Palace Heights” Apt. <br /> Palace Cross Road, <br /> Chakravarthi Layout,<br /> Bangalore-20. Opposite party<br /> <br /> <br /> ORDER<br /> <br /> <br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are that, the complainant had booked a plot No.86, measuring about 2400 sq. ft. on 23-8-2008. An agreement for sale was executed on the same day, the complainant had paid Rs.7,58,400/- as an advance money out of Rs.18,96,000/- by a cheque drawn on ICICI Bank NA, Delhi Branch. The complainant had assured the opposite party that the balance sale consideration amount shall be paid at the time of registration. The complainant submitted that the opposite party has not developed the property there is no advancement of work. The complainant had asked property related documents. On 18-7-2009 the complainant had visited the area where he has booked for a plot and found that no advancement of work has been made and no steps have been taken for development of plots by the opposite party. Even though several reminders made by the complainant the opposite party has not taken any steps. The complainant requested the opposite party to refund back the amount paid by him along with 9% interest. The complainant also requested for payment 30% of appreciation as assured by the opposite party. Therefore, the complainant submitted that the opposite party has committed deficiency of service and prayed for refund of Rs.7,58,400/- with interest, appreciation and compensation for mental agony. <br /> 2. After admitting the complaint the notice was issued to the opposite party by RPAD. Notice was served on the opposite party. When the case was set for appearance of the opposite party on 3-5-2010, the opposite party did not appear before this Fora, defense version also not sent by post. Therefore, the opposite party has placed ex-parte. The complainant has filed his affidavit evidence and documents. Arguments are heard. The complainant has produced agreement to sell executed by the opposite party dated 23-8-2008. As per this document the complainant has paid Rs.7,58,400/- through cheque. The complainant has produced receipt given by the opposite party. This receipt is also for Rs.7,58,400/-. The complainant has requested the opposite party to arrange to refund the amount paid by him. The letter of the complainant sent to opposite party is also produced. The complainant has sent a legal notice to the opposite party, copy of legal notice is produced. The case put up by the complainant has gone unchallenged. The opposite party has not appeared before this Fora, though served with notice for the best reasons known to the opposite party, by the documentary evidence and affidavit evidence it is very clear that the complainant has paid Rs.7,58,400/- . The opposite party has not completed the project and failed to execute the sale deed as per the agreement. Therefore, the opposite party has committed deficiency in service. The complainant has requested for refund of amount with interest. As per the agreement clause the opposite party has under taken to pay 9% interest p.a. on refund amount. On the facts of the case also it is fair, just and reasonable to grant interest at 9% p.a. The complainant has prayed 60% appreciation this prayer can not be allowed or accepted by any Court of Law. The interest component will meet the ends of justice. The complainant in his letter dated 20-2-2010 written to the opposite party has not at all claimed appreciation from the opposite party. Therefore, the question of granting appreciation does not arise. The complainant is seeking refund of amount paid as an advance for the plot and the opposite party must be directed to refund the amount with interest. The complainant has prayed compensation of Rs.10,00,000/- there is no basis or reason to claim such inflated amount of compensation. There are no reasons to grant compensation. The refund of amount with interest will take care of and meet the ends of justice. Therefore, grant of compensation is not considered. In the result, I proceed to pass the following:- <br /> ORDER<br /> <br /> <br /> 3. The complaint is allowed. The Opposite party is directed to refund Rs.7,58,400/- along with interest at 9% p.a. from 23-8-2008 (The date of payment made by the complainant) till date of refund / realization. The opposite party is directed to comply the order with in four weeks from today. <br /> 4. The complainant is also entitled Rs.3,000/- as cost of present proceeding from the opposite party. <br /> <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 19TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> MEMBER MEMBER <br /> <br />