COMPLAINTS FILED ON: 26.10.2010

DISPOSED ON: 28.01.2011

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

DATED THIS THE 28^TH JANUARY 2011

  PRESENT:-  SRI. B.S. REDDY                             PRESIDENT

                     SMT. M. YASHODHAMMA               MEMBER

                     SRI. A. MUNIYAPPA                         MEMBER         

COMPLAINT Nos.2448, 2449, 2450, 2451, 2452,

                                 2453, 2454, 2455, 2456 & 2457/2010

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainants filed these complaints U/s. 12 of the Consumer Protection Act of 1986, seeking direction to Opposite Party (herein after called as O.P) to refund the amounts paid towards advance sale consideration for purchase of plots in the residential layout; with interest at 18% p.a. along with damages of Rs.10,000/- with litigations costs, on the allegations of deficiency in service on the part of the OP. 

OP is common in all these complaints, the questions involved and reliefs claimed are identical. In order to avoid the repetition of facts and multiplicity of reasonings, in the interest of justice all these complaints stand disposed of by this common order.

2.      The case of the complainants to be stated in brief is that:

OP being a land developer entered into an agreement of sale with the complainants and the complainants agreed to purchase vacant plots proposed to be formed in the residential layout namely “THE SERENITY” situated at Handignala Village, Kasaba Hobli, Siddlaghatta Taluk, Chikkaballapura District. OP failed to fulfill his obligations; as the layout was not developed, the complainants approached the OP seeking refund of the advance amount paid OP issued cheques towards refund of the amounts and the said cheques were dishonoured as “Funds Insufficient”. The complainants caused legal notice, OP failed to reply for the same. It is stated that all these agreement deeds came into existence at Bangalore, hence this Forum has jurisdiction to entertain the complaints. The details of advance sale consideration and site numbers, agreement deeds are as mentioned in the below chart:

          As OP failed to refund the amounts, the complainants felt deficiency in service on the part of the OP and were advised to lodge these complaints seeking necessary reliefs stated above.

3.      The hand notices issued were duly served; as the notices are received by the authorized signatory of OP. OP failed to appear, inspite of service of notice. Hence placed ex-parte.

4.      In order to substantiate the complaint averments, the respective complainants filed affidavit evidences. Arguments heard from complainants side.

5.      Perused the complaint averments and affidavit evidence of the complainants and documents produced. OP as a developer made these complainants to part with huge amounts as shown in the above chart with an assurance of allotting the sites in the proposed layout to be formed. OP has executed agreement deeds incorporating the terms and conditions acknowledging receipt of advance sale consideration from these complainants. OP failed to develop any layout and allot the sites to the complainants. The complainants demanded for refund of the amounts paid, OP issued post dated cheques towards refund of the amounts, but when the cheques were presented the same were dishonoured as “Funds Insufficient”. For the legal notice OP has neither replied nor complied the demands, hence the complainants were made to approach this Forum seeking necessary reliefs. The very fact of OP remaining ex-parte goes to show that he is admitting all allegations made in the complaints. The act of OP in not forming the layout and allotting the sites or to refund the amounts received towards advance sale consideration; amounts to deficiency in service on his part. When the OP was not able to form the layout, it was fair enough on his part to refund the amounts when demanded by the complainants. The complainants are entitled for refund of the amounts with interest at 18% p.a. with litigation cost of Rs.1,000/-. Accordingly we proceed to pass the following:     

O R D E R

The complaints filed by these complainants allowed in part.

1. In complaint No.2448/2010 OP is directed to refund an amount of Rs.1,04,701/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

2. In complaint No.2449/2010 OP is directed to refund an amount of Rs.50,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

3. In complaint No.2450/2010 OP is directed to refund an amount of Rs.1,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

4. In complaint No.2451/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

5. In complaint No.2452/2010 OP is directed to refund an amount of Rs.1,64,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

6. In complaint No.2453/2010 OP is directed to refund an amount of Rs.1,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

7. In complaint No.2454/2010 OP is directed to refund an amount of Rs.50,001/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

8. In complaint No.2455/2010 OP is directed to refund an amount of Rs.1,64,000/- with interest at 18% p.a. from 16.10.2009 till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

9. In complaint No.2456/2010 OP is directed to refund an amount of Rs.50,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

10. In complaint No.2457/2010 OP is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from the date of agreement till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.

OP to comply the order within four weeks from the date of this order.

This original order shall be kept in the file of the complaint No.2448/2010 and a copy of it shall be placed in other respective files.

Send the copy of this order to both the parties free of 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 28^th day of January – 2011.)

PRESIDENT

MEMBER                                                      MEMBER 

 Snm: