Date of Filing:16.07.2009<br /> Date of Order:31.08.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF AUGUST 2009<br /> <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 /> COMPLAINT NO: 1668 OF 2009<br /> <br /> G. Nagaraj<br /> S/o. G.V. Gopalaiah<br /> R/at No. 100, 1st Floor, 5th Cross<br /> I Stage, Teachers Colony<br /> Bangalore 560 078 Complainant<br /> V/S<br /> Manjunatha Land Developers and<br /> Constructions Pvt. Ltd.<br /> Rep. by its Managing Director<br /> Muniraju<br /> No. 849, I Floor, 12th Cross<br /> 4th Main, I Stage, Indiranagar<br /> Bangalore 560038 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act.<br /> The facts of the case are that opposite party is a land developer and builder of apartments. The complainant has paid Rs. 2,00,000/- through cheques to opposite party for the apartment No. T 005 in the 3rd floor, in the project Lakeside. The total cost of the flat was Rs. 22,52,076/-. Rest of the amount was payable as per the payment schedule. Complainant is keen in purchasing the apartment from the opposite party. The complainant submitted that opposite party has not completed the construction activities in the proposed project. Opposite party went on postponing to complete the apartment and virtually stopped the construction. Complainant requested the opposite party for return of the advance amount of Rs. 2,00,000/-. Opposite party went on postponing the same on one or the other pretext. Therefore, there was deficiency of service on the part of opposite party and the complainant requested for directing the opposite party to refund amount with interest.<br /> 2. Notice was issued to opposite party after admitting the complaint. The Notice was served on the opposite party. Inspite of service of notice the opposite party has not put up his defence. Therefore, opposite party was placed as ex-parte. <br /> 3. The complainant has produced two receipts of Rs. 50,000/- each and another receipt for Rs. 1,00,000/- passed by the opposite party. The complainant has also produced booking application form. In this form also it is clear that Rs. 2,00,000/- has been paid as booking amount. The payment made by the complainant to the tune of Rs. 2,00,000/- has been clearly established. The case put up by the complainant has gone unchallenged. Opposite party has not put up is defence. It appears that opposite party has no defence to make. That is why he has chosen not to appear before this fora. The complainant submitted that opposite party has not started construction of the project as promised. Therefore, there was deficiency in service on the part of opposite party. The complainant requested for refund of amount paid by him. But the opposite party postponing to refund the amount by one or the other pretext. Therefore, the complainant has approached this fora for getting justice. On the documentary evidence produced by the complainant it is very clear that the complainant has paid Rs. 2,00,000/- as booking of the flat. The complainant is entitled for refund of that amount with interest. The opposite party having utilized the amount is bound to pay the interest. On the facts and circumstances of the case grant of interest at 12% p.a. on the amount is quite just, fair and reasonable. The complainant has claimed Rs. 1,00,000/- as compensation. But, this is not a case to grant compensation. Refund of amount with interest will meet the ends of justice. In the result I proceed to pass the following:<br /> ORDER<br /> 4. The complaint is allowed. The opposite party is directed to refund Rs. 2,00,000/- to the complainant along with 12% interest p.a. on the amount from the date of receipt of amount till payment / realization within four weeks from the date of this order.<br /> 5. The complainant is also entitled for Rs. 1,000/- as costs of the present proceedings from the opposite party.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 31ST DAY OF AUGUST 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br />