Date of Filing:18.10.2008<br /> Date of Order:01.12.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 01ST DAY OF DECEMBER 2008<br /> PRESENT<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 /> <br /> COMPLAINT NO: 2247 OF 2008<br /> <br /> <br /> Anil Kumar Singh<br /> H.No. 208, Chanakeshava Nilaya<br /> Ground Floor (Opp. Ex-minister <br /> Krishnappa’s House)<br /> Near BVNH School<br /> Devasandra – K.R. Puram<br /> Bangalore 560 036 Complainant<br /> <br /> V/S<br /> Maniraju G.M.<br /> Manjunatha Land Developers<br /> & Constructions Pvt. Ltd.<br /> 849, 12th Cross, 4th Main<br /> I Stage, Indiranagar<br /> Bangalore 560 038 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed seeking direction to the opposite party to pay Rs. 1,00,000/- along with interest. <br /> The facts of the case are that complainant applied for 2 BHK flat with the opposite party for a sum of Rs. 26,36,252/-. Complainant Paid Rs. 1,00,000/- to the opposite party as commitment amount for flat No. G-02 (lakeside) Apartments. As complainant is eligible only for Rs. 18,00,000/- of bank loan he was unable to arrange balance amount of Rs. 8.5 lakhs immediately. Complainant sought cancellation of the registration of the said flat and refund of commitment money of Rs. 1,00,000/- by giving a letter in writing on 14.05.2008 to the opposite party. After several reminders opposite party issued cheque for Rs. 1,00,000/- dated 05.07.2008. But the said cheque got dis-honoured due to insufficient funds. Complainant on request of the opposite party presented the same cheque to the bank twice which got dishonoured. Complainant tried to contact the opposite party at his office, on his cell phone. But to no avail. Hence, the complaint.<br /> 2. Notice was issued to opposite party through RPAD. Notice served on the opposite party. Inspite of service of notice opposite party not appeared before the forum and defence version not filed. Therefore, opposite party placed as ex-parte.<br /> 3. Perused the complaint and documents.<br /> 4. The complainant has made several correspondences with the opposite parties. He has demanded refund of the amount paid by him. The opposite parties have issued cheque for Rs. 1,00,000/-. But, unfortunately, the cheque was dishonoured for insufficient funds. The opposite party committed offence under Section 171 of NI Act also for not arranging sufficient funds to encash the cheque issued by him. After the dishonour of the cheque the complainant has again made correspondence with the opposite party and requested for refund of the amount. The complainant has paid Rs. 1,00,000/- through cheque for booking plot No. G-02, Lakeside Apartment the upcoming project at Sonnathamanahalli near K.R. Puram. Opposite party had issued receipt on 17.04.2008. The complainant has sent cancellation of booking intimation of the above plot on 14.04.2008 and requested the opposite party to refund amount at an earliest date. Inspite of all these correspondences, the opposite party has failed to refund the amount. It is very unfortunate on the part of the opposite party that cheque issued by him has been dishonoured for insufficient funds. Therefore, the complainant being a Consumer under the definition of Consumer Protection Act his interests must be protected. The opposite party must be directed to refund the booking amount of Rs. 1,00,000/- alongwith interest from the date of receipt of the amount. The Hon’ble National Commission and State Commission are awarding interest at 18% p.a. in several cases of similar nature. Therefore, in this case also it would be just, fair and reasonable to grant 18% interest p.a. on the said amount. The opposite party has not appeared even though served with notice. It appears that he has no defence to make. That is why opposite party has remained absent and he is placed exparte. There is nothing to disbelieve the case of the complainant. Therefore, by accepting the case of the complainant the complaint deserves to be allowed. In the result I proceed to pass the following: <br /> ORDER<br /> <br /> 5. The Complaint is allowed. The opposite party is directed to pay Rs. 1,00,000/- along with 18% interest p.a. from 17.04.2008 till payment / realisation.<br /> 6. The complainant is also entitled for Rs. 5,000/- towards costs of the present proceedings from the opposite party.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 01ST DAY OF DECEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />