BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

18^th DAY OF OCTOBER 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainants have filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to refund the initial booking amount of Rs.1,00,000/- each  for two sites, to pay interest @ 20%, to direct the OP to pay the expenses, conveyance etc., Rs.5,000/- and to direct the OP to pay Rs.25,000/- for mental agony.

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

That the complainants residing at No.207, Libero Apartment, Seenappa Layout, New BEL Road, RMV II Stage, Bangalore booked two sites with a dimension of 50x30 feet each in Sri Durga Properties (OP) after going through the advertisement in Deccan Chronicle dated 28.04.2015.  The complainants issued two cheques each amounting to Rs.1,00,000/- of Canara Bank with cheque No.439074 and 439073 and the complainants were allotted site No.140 and 141.

The OP gave photo copies of site documents.  The OP promised to repay the full amount in case the complainant’s lawyer did not approve.  The complainant’s lawyer checked the documents and demanded the following documents.

1. Encumbrance certificate for 30 years for land.
2. Encumbrance certificate for 30 years for site.
3. 11b/11c khatha
4. Latest tax paid receipt
5. BMRCL approval.

The parents of the complainants informed the same to OP on 07.05.2015.  But the OP did not give any information to the complainants except giving encumbrance certificate.  The OPs did not furnish the remaining above documents.  The parents of the complainants telephoned and visited the office many times.  The complainants wrote letter on 23.09.2015 requesting to refund Rs.2,00,000/- paid by the complainants to OP.

The parents of the complainants called OP many times on different dates.  The complainants also went to the OP office on many occasions.  Each time a new person spoke to the complainants.  One Mr.Lokesh, Business Development Manager promised to give a cheque but he failed to do so.  Another person Mr.Puttur who is the General Manager promised the same for couple of times.  The complainants also gave written application for refund.  Another General Manager Mr.Rajkumar promised the complainants to give us cheques in a weeks time.

Finally the complainants sent a letter to OP on 2^nd January 2016 stating if they don’t repay before 10.01.2016 legal action will be taken.  Till now the complainant’s have not received any reply from the OP.  Hence, the complainants felt deficiency of service on the OP and filed this complaint.

3. The notice of complaint was issued to OP and despite service of notice OP failed to appear and contest the complaint and has been placed ex-parte.  Thereafter the complainants filed their affidavit by way of evidence through an authorized person C.V Krishnamurthy.

4. Perused the averments made in the complaint, affidavit filed in lieu of evidence, documents produced by the complainants and other materials placed on record.

5. The allegations made in the complaint, sworn testimony of the complainants disclose that, the complainants attracted by the advertisement given by OP in Deccan Chronicle dated 28.04.2015 and they booked two sites issuing two cheques each amounting to Rs.1,00,000/-.  The complainants have produced the copies of application of booking and receipts.  After receipt of rupees two lakhs they were allotted sites.  But when the complainants demanded certain relevant documents, OP failed to give the documents except encumbrance certificate.

6. Inspite of several phone calls and visits made by the parents of the complainants the OP failed to furnish the remaining documents.  Finally the complainants requested for refund of the amount paid.  The OP failed to do so and gave false assurance regarding the refund.  Despite of several visits to the OP office, the parents of the complainants, the OP promised to give a cheque but they failed to do so.

7. Perusal of oral and documentary evidence produced by the complainant shows that the OP has received Rs.2,00,000/- from two complainants towards the booking of sites.  Inspite of repeated requests and correspondence OP failed to furnish the documents as demanded by the complainants except encumbrance certificate.  OP also failed to refund the amount as promised by them.  This conduct of OP amounts to grave deficiency of service.  Hence, the complainant sent legal notice dated 30.12.2015 but till now the OP has not reply.  The conduct of OP must have put the complainant to great hardship, inconvenience and mental agony.  Therefore the OP is also liable to pay compensation to the complainant apart from refunding the advance amount together with interest.

8. The very fact of OP not contesting the proceeding leads us to draw an inference that OP is admitting the claim of the complainant.  There is no reason to disbelieve the unchallenged testimony of the complainants and the documents produced.  The complainants suffered inconvenience and mental agony due to non-performance of the promise made by the OP.  In view of the discussions made above, we are of the considered opinion that the complainants have successfully proved deficiency of service on the part of OP.  Therefore, OP is directed to refund initial booking amount of Rs.2,00,000/- i.e., one lakh each to the complainants along with interest @ 18% p.a from the date of receipt till the date of realization.  Further OP is directed to pay compensation of Rs.10,000/- to each of the complainants for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.3,000/-  

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

       O R D E R

The complaint filed by the complainants U/s.12 of the Consumer Protection Act, 1986 is allowed in part.  OP is directed to refund the initial booking amount of two sites Rs.1,00,000/- (one lakh rupees) to each of the complainants along with interest @ 18% p.a from the date of actual receipt till the date of realization.

Further OP is directed to pay compensation of Rs.10,000/- to each of the complainants for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.3,000/-.

This order is to be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 18^th day of October 2016)

MEMBER                             MEMBER                    PRESIDENT

Vln* 

COMPLAINT No.237/2016

Witnesses examined on behalf of the complainants dated 29.08.2016.

1. C.K Samyuktha
2. C.K Thejasvi  

   Witnesses examined on behalf of OP – Nil.

   Documents produced by the OP - Nil

MEMBER                             MEMBER                    PRESIDENT

Vln*