Mona Ittina Director. V/S Yogesha Pawar. - Consumer Court Case

Karnataka

Bangalore Urban

cc/09/2834

Yogesha Pawar. - Complainant(s)

Versus

Mona Ittina Director. - Opp.Party(s)

12 Jan 2010

ORDER

BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSLAL FORUM, BANGALORE, KARNATAKA STATE.
Bangalore Urban District Consumer Disputes Redressal Forum, Cauvery Bhavan, 8th Floor, BWSSB Bldg., K. G. Rd., Bangalore-09.
consumer case(CC) No. cc/09/2834

Yogesha Pawar.						...........Appellant(s)
Vs.
Mona Ittina Director.						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

COMPLAINT FILED: 01.12.2009 DISPOSED ON: 16.08.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 16th AUGUST 2010 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT NO. 2834/2009 COMPLAINANT Yogesh Panwar, 512, Potlapalli, Residency, Widia Colony, Miyapur, Hyderabad-500 049. Advocte : H.Venkatesha Dodderi V/s. OPPOSITE PARTIES Mona Ittina, Director, Ittina Properties Pvt Ltd. #380, Ittina Center, 16th Main, 3rd Block, Koramangala, Bangalore-560 034 Advocate : R.L.N.Murthy O R D E R SMT. M. YASHODHAMMA, MEMBER This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Party (herein after called as O.P) to refund Rs. 2.5 lakhs plus Rs. 1 lakh with interest at 10% p.a on the allegations of deficiency in service. 2. The brief averments made in the complaint are as follows: Complainant being lured away with the advertisement and propaganda issued by the OP who claims to be the builders and developers of the multistoried residential flats in and around Bangalore, thought of purchasing a flat from the project in the name and style ITTINA ARNI floated by the OP. In that regard he paid Rs. 50,000/- on 28.12.2006 by way of cheque. On 25.01.2007 and 08.02.2007. Complainant paid Rs. 1 lakh each through internet banking. Totally complainant paid Rs.2.5 lakhs to OP towards the booking of the said flat and booked a flat bearing No. A4-133 in Ittina Arni Project Hoddi Village, whitefield, Bangalore. The total cost of the flat was Rs.25,96,000/-. OP initially given the date of completion of the project as December 2007 but failed to keep up its promise. OP keep on avoiding to enter into any agreement with the complainant and started asking for more money. Complainant sent email on 11.11.2008, 11.12.2008, 20.01.2009, 11.02.2009, 16.02.2009, 26.02.2009, 03.03.2009, 03.07.2009. OP replied to shift the booking to some other costly project in which complainant is not interested. Complainant came to know that project was stopped because of revocation of power of attorney by the land owners in favour of OP. The project is not approved. Complainant sought for cancellation of the booking and for refund of money. OP replied stating OP will start refunding after 31.12.2008 and before 14.01.2009. Complainant sent notice on 24.09.2009. There was no response. Under the circumstances complainant felt that OP is not going to complete the said project in future. Hence he stopped making further payment. The repeated requests and demands made by the complainant to refund entire amount went in vain. Thus complainant felt deficiency in service on the part of the OP. For no fault of his he is made to suffer both mental agony and financial loss. Under circumstances he is advised to file this complaint and sought for the reliefs accordingly. 3. On behalf of OP Sri.R.L.N.Murthy, Advocate made appearance and filed a memo on 23.01.2010 stating the managing Director of OP company expired on 18.12.2009. OP Company not decided the authorized person to contest the case. Inspite of giving sufficient opportunity OP failed to file version or affidavit. Hence taken as version not filed. 4. To substantiate the complaint averments complainant filed his affidavit evidence and produced copy of the booking form, copy of the email correspondences, receipts, bank statement. Heard the arguments of the complainant. 5. It is the case of the complainant that he booked a flat No.A4- 133 in the project floated by OP in the name and Style ITTINA Arni. The total cost of the flat being Rs.25,96,000/-. The said booking is made on 27.12.2006. Complainant paid Rs.50,000/- on 28.12.2006, Rs.One lakh each on 25.01.2007 and 02.02.2007. In all complainant paid Rs.2.50 lakhs to OP. The receipts issued by OP are produced. Now the grievance of the complainant is that though he made substantial payment there were no developmental activities at all. OP failed to complete the said project well within the reasonable time as promised. As he felt that OP is going to cause undue delay in handing over the possession of the flat, he stopped making further payment to OP. and sought for cancellation of the booking and refund of whatever amount that is paid. OP has not come forward to enter into agreement with the complainant. From the correspondences produced it appears OP failed to form the layout and complete the project. In the email dated 26.11.2008 OP has stated that all the refunds can be made after 31.12.2008 and 14.01.2009. But till date OP has failed to refund the same. 6. OP having retained the amount without refunding the same even after the cancellation of the booking accrued wrongful gain to itself thereby caused wrongful loss to the complainant that too for no fault of his. Complainant invested his hard earned money he is unable to reap fruits of his investment. On the other hand OP having retained the said huge amount for more than 3 ½ years now illegally enriched itself. 7. We have perused the complaint, unchallenged affidavit evidence and the documents produced. The documents produced by the complainant corroborates the case of the complainant. The evidence of the complainant appears to be very much natural. There is nothing to discard the sworn testimony of the complainant. OP having failed to complete the project not refunded the amount to the complainant inspite of cancellation of booking and inspite of repeated requests. This act of the OP amounts to deficiency in service on its part. We are satisfied that complainant is able to prove the deficiency in service on the part of the OP. Under the circumstances he is entitled for relief of refund of whatever amount he has paid along with interest at 9% p.a and litigation of Rs.1,000/-. Accordingly we proceed to pass the following: ORDER The complaint is allowed in part. OP is directed to refund the booking amount of Rs.2,50,000/- with litigation cost of Rs.1,000/- to the complainant. This order is to be complied within four weeks from the date of its communication. Failing which complainant is entitled to claim interest at the rate of 9% p.a. on Rs.2,50,000/- from march 2007 till realization along with litigation cost. (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 16th day of August 2010.) PRESIDENT MEMBER MEMBER gm.

COMPLAINT FILED: 01.12.2009 DISPOSED ON: 16.08.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 16th AUGUST 2010 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT NO. 2834/2009 COMPLAINANT Yogesh Panwar, 512, Potlapalli, Residency, Widia Colony, Miyapur, Hyderabad-500 049. Advocte : H.Venkatesha Dodderi V/s. OPPOSITE PARTIES Mona Ittina, Director, Ittina Properties Pvt Ltd. #380, Ittina Center, 16th Main, 3rd Block, Koramangala, Bangalore-560 034 Advocate : R.L.N.Murthy O R D E R SMT. M. YASHODHAMMA, MEMBER This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Party (herein after called as O.P) to refund Rs. 2.5 lakhs plus Rs. 1 lakh with interest at 10% p.a on the allegations of deficiency in service. 2. The brief averments made in the complaint are as follows: Complainant being lured away with the advertisement and propaganda issued by the OP who claims to be the builders and developers of the multistoried residential flats in and around Bangalore, thought of purchasing a flat from the project in the name and style ITTINA ARNI floated by the OP. In that regard he paid Rs. 50,000/- on 28.12.2006 by way of cheque. On 25.01.2007 and 08.02.2007. Complainant paid Rs. 1 lakh each through internet banking. Totally complainant paid Rs.2.5 lakhs to OP towards the booking of the said flat and booked a flat bearing No. A4-133 in Ittina Arni Project Hoddi Village, whitefield, Bangalore. The total cost of the flat was Rs.25,96,000/-. OP initially given the date of completion of the project as December 2007 but failed to keep up its promise. OP keep on avoiding to enter into any agreement with the complainant and started asking for more money. Complainant sent email on 11.11.2008, 11.12.2008, 20.01.2009, 11.02.2009, 16.02.2009, 26.02.2009, 03.03.2009, 03.07.2009. OP replied to shift the booking to some other costly project in which complainant is not interested. Complainant came to know that project was stopped because of revocation of power of attorney by the land owners in favour of OP. The project is not approved. Complainant sought for cancellation of the booking and for refund of money. OP replied stating OP will start refunding after 31.12.2008 and before 14.01.2009. Complainant sent notice on 24.09.2009. There was no response. Under the circumstances complainant felt that OP is not going to complete the said project in future. Hence he stopped making further payment. The repeated requests and demands made by the complainant to refund entire amount went in vain. Thus complainant felt deficiency in service on the part of the OP. For no fault of his he is made to suffer both mental agony and financial loss. Under circumstances he is advised to file this complaint and sought for the reliefs accordingly. 3. On behalf of OP Sri.R.L.N.Murthy, Advocate made appearance and filed a memo on 23.01.2010 stating the managing Director of OP company expired on 18.12.2009. OP Company not decided the authorized person to contest the case. Inspite of giving sufficient opportunity OP failed to file version or affidavit. Hence taken as version not filed. 4. To substantiate the complaint averments complainant filed his affidavit evidence and produced copy of the booking form, copy of the email correspondences, receipts, bank statement. Heard the arguments of the complainant. 5. It is the case of the complainant that he booked a flat No.A4- 133 in the project floated by OP in the name and Style ITTINA Arni. The total cost of the flat being Rs.25,96,000/-. The said booking is made on 27.12.2006. Complainant paid Rs.50,000/- on 28.12.2006, Rs.One lakh each on 25.01.2007 and 02.02.2007. In all complainant paid Rs.2.50 lakhs to OP. The receipts issued by OP are produced. Now the grievance of the complainant is that though he made substantial payment there were no developmental activities at all. OP failed to complete the said project well within the reasonable time as promised. As he felt that OP is going to cause undue delay in handing over the possession of the flat, he stopped making further payment to OP. and sought for cancellation of the booking and refund of whatever amount that is paid. OP has not come forward to enter into agreement with the complainant. From the correspondences produced it appears OP failed to form the layout and complete the project. In the email dated 26.11.2008 OP has stated that all the refunds can be made after 31.12.2008 and 14.01.2009. But till date OP has failed to refund the same. 6. OP having retained the amount without refunding the same even after the cancellation of the booking accrued wrongful gain to itself thereby caused wrongful loss to the complainant that too for no fault of his. Complainant invested his hard earned money he is unable to reap fruits of his investment. On the other hand OP having retained the said huge amount for more than 3 ½ years now illegally enriched itself. 7. We have perused the complaint, unchallenged affidavit evidence and the documents produced. The documents produced by the complainant corroborates the case of the complainant. The evidence of the complainant appears to be very much natural. There is nothing to discard the sworn testimony of the complainant. OP having failed to complete the project not refunded the amount to the complainant inspite of cancellation of booking and inspite of repeated requests. This act of the OP amounts to deficiency in service on its part. We are satisfied that complainant is able to prove the deficiency in service on the part of the OP. Under the circumstances he is entitled for relief of refund of whatever amount he has paid along with interest at 9% p.a and litigation of Rs.1,000/-. Accordingly we proceed to pass the following: ORDER The complaint is allowed in part. OP is directed to refund the booking amount of Rs.2,50,000/- with litigation cost of Rs.1,000/- to the complainant. This order is to be complied within four weeks from the date of its communication. Failing which complainant is entitled to claim interest at the rate of 9% p.a. on Rs.2,50,000/- from march 2007 till realization along with litigation cost. (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 16th day of August 2010.) PRESIDENT MEMBER MEMBER gm.