COMPLAINT FILED ON: 02.08.2010 <br /> DISPOSED ON: 30.11.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> DATED THIS THE 30TH NOVEMBER 2010<br /> <br /> PRESENT:- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> COMPLAINT No.1805/2010<br /> <br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTY<br /> <br /> <br /> <br /> <br /> <br /> <br /> V. Ravi Sankar,<br /> # 206, Kendrabindu Apartment,<br /> Flat No.202, 8th ‘A’ Main,<br /> 5th Cross, NTI Layout,<br /> Vidyaranyapura,<br /> Bangalore – 560 097.<br /> <br /> In Person<br /> <br /> <br /> V/s.<br /> <br /> <br /> Mr. Guru Govind,<br /> General Secretary,<br /> Ex-Servicemen’s Welfare Organisation (Regd.),<br /> # 2, 3rd Floor, <br /> Ammaiamma Complex,<br /> Linden Street, Austin Town,<br /> Bangalore – 560 047.<br /> <br /> Ex-Parte<br /> <br /> O R D E R<br /> <br /> SRI. B.S. REDDY, PRESIDENT<br /> <br /> The complainant in person filed this complaint seeking direction against the Opposite Party (herein after called as O.P.) to refund an amount of Rs.1,63,944/- and other charges with interest on the allegations of deficiency in service on the part of the OP.<br /> <br /> 2. The case of the complainant is to be stated in brief is that:<br /> <br /> He took the membership in OP’s organization on 14.10.2006 and paid the first installment cost of Rs.24,840/-, on 17.10.2006 and second installment of Rs.1,39,104/-, on 27.10.2007 for 30 X 40 feet site to the OP. Totally he paid Rs.1,63,944/- i.e., 33% of the site cost to OP. Later he moved to Hyderabad in January – 2008; due to his financial issues he did not want to take the site and sent the withdrawal letter to the President of OP on 23.12.2008. As per the sale agreement it was mentioned that OP settle the amount within 60 days from the site withdrawal letter given. The Secretary Guru Govind issued a cheque for Rs.1,63,944/- on 30.01.2010 and the said cheque was bounced on account of insufficient funds. The complainant contacted OP regarding cheque bounce, he was asked to deposit the cheque after one week, again he deposited the cheque in February – 2010 and again it bounced. Like that the cheque bounced four times till June – 2010. When the complainant contacted OP he was asked to come to office to take the money, but OP Secretary did not come to the office. Later the complainant tried to contact the Secretary of OP, but his mobile was not reachable. Hence the complaint is seeking necessary releifs. <br /> <br /> 4. Inspite of service of notice OP failed to appear without any justifiable cause. Hence OP placed ex-parte. <br /> <br /> 5. The complainant filed affidavit evidence. <br /> <br /> <br /> 6. Arguments of the complainant heard. <br /> <br /> 7. The complainant in support of complaint averments filed affidavit evidence swearing to the facts that he became the member of OP and paid total amount of Rs.1,63,944/- towards 33% of the site cost measuring 30 X 40 feet to the OP. The complainant has given withdrawal letter seeking for refund of the amount deposited. The Secretary of the OP issued cheque towards refund of that amount of Rs.1,63,944/-. The said cheque was bounced on the ground of insufficient funds. At the request of OP; the complainant has represented cheque thrice, but the same was bounced on the ground of insufficient funds. The copy of the sale agreement produced by the complainant provides that in case member opt to withdrawal; OP will deduct 1% of processing charge on total amount paid, the total amount will be settled by 60 days from the date of withdrawal application received. OP failed to refund the amount within 60 days from the dare of issue of withdrawal letter. The withdrawal application is dated 23.12.2008; the copy of the same has been produced by the complainant. The very fact of OPs failure to refund the amount as per the terms of the agreement when the complainant has withdrawn his membership, amounts to deficiency in service on the part of the OP. The complainant has produced the documents including copy of the cheque and the bank memos mentioning reasons for dishonour of the cheque issued by OP. Thus it becomes clear that the Secretary of the OP issued the cheque towards refund of the amount without there being sufficient funds in the account which resulted in bouncing the cheque. Under these circumstances we are of the view that the complainant is entitled for refund of the amount paid towards the cost of the site with interest at 12% p.a. from the date of respective payments till the date of realization. Accordingly we proceed to pass the following: <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. OP is directed to refund an amount of Rs.1,63,944/- with interest at 12% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- to the complainant. <br /> <br /> This order is to be complied within four weeks from the date of this order.<br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (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 30th day of November 2010.) <br /> <br /> <br /> <br /> PRESIDENT<br /> <br /> <br /> MEMBER MEMBER <br /> <br /> Snm:<br />