Date of Filing:17.05.2008 Date of Order:30.09.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 30TH DAY OF SEPTEMBER 2008 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 1148 OF 2008 P. Sethumadhavan, No.55, 9th A Cross, Near LCR English School, Gokul I Stage, I Phase, Bangalore-560054. Complainant V/S 1. Mr. Shreyas Shah, Director, M/s Sweet Homes Corporation, No.100/A, I Block, 19th Main, Rajajinagar, Bangalore-10. 2. Dr. S. Madhusudhan, CEO, M/s Sweet Homes Corporation, No.100/A, I Block, 19th Main, Rajajinagar, Bangalore-10. Opposite Parties ORDER By the President Sri. S.S. Nagarale This is a complaint filed for refund of amount with interest and compensation. The brief facts of the case are that, the complainant booked a flat and paid a sum of Rs.1,00,000/- to the opposite party on 31/07/2005. Due to internal problems and disputes opposite parties have not completed the project. The complainant cannot wait any more and demanded refund of money with interest. The opposite parties have agreed to pay the same and asked him to wait some more time. Complainant demanded minimum payment of Rs.4,00,000/- with interest since his money had been used by the opposite parties. 2. Notice was issued to opposite parties. Opposite parties put in their appearance through Advocate and filed defense version stating that the first opposite party submits that after the final negotiation with the complainant and the complainant shown disinterest in the apartment and requested to refund of the booking charges paid under the receipt dated 31/07/2005 accordingly the second party paid through cheque bearing 090038 dated 19/05/2008 and paid a sum of Rs.15,000/- towards the part payment of the initial booking charges in respect of the said apartment. 3. The first opposite party submits that the complainant has received acknowledgement the receipt of the amount of Rs.15,000/- received in respect of the refundable deposits in respect of the booking charges as part payment thereby the complainant has agreed to the settlement signed cash voucher for having received aforesaid amount and despite the same he has filed the above complaint before this Honble Authority without any Justifiable cause or reasons whatsoever the copy of the receipt of the receipt herewith produced as ANNEXURE-1 . 4. The complaint filed by the complainant is based on the surmises and conjunctures and the opposite party has not agreed at any point of time to grant damages whatsoever and the complainant without having any manner of Right and Obligation to claim any damages has filed the above complaint and the same is liable to be dismissed with exemplary costs. Therefore, the same is liable to be dismissed. 5. Arguments are heard. During the Course of arguments the complainant was present in person submitted and accepted that he has received Rs.15,000/- from the opposite party in the month of May-2008 the part payment out of his booking amount. By the defense version it is clear that the opposite parties have not completed the project and they are not able or in a position to construct the apartment and hand over the possession to the complainant. The fact that complainant has paid Rs.1,00,000/- as booking amount of flat is admitted. The complainant has paid Rs.1,00,000/- on 31/07/2005 under receipt No.622. The complainant has produced the Xerox copy of receipt issued by the opposite parties. Admittedly except the booking amount the complainant has not paid further amount to the opposite parties. Due to internal dispute and problems the opposite parties have not taken up the project and they have not been able to construct the building. Therefore, they have come forward to refund the booking amount. Accordingly, Rs.15,000/- was refunded by the opposite party by a cheque dated 19/05/2008. The opposite parties have to refund balance amount of Rs.85,000/- with interest. The complainant has paid amount on 31/05/2005. The opposite parties have utilised the amount for their purpose. Naturally they have to pay the interest on the amount received by them. The Honble National Commission and also the State Commission in several cases are awarding interest at 18% p.a in the nature of present case. Therefore, granting of interest at 18% p.a is quite just, fair and reasonable. Apart from the refund of booking amount with interest the complainant shall have to be suitably compensated for not honouring the commitment and agreement. On the facts and circumstances of the case, the ends of justice will be met in awarding Rs.25,000/- as compensation to the complainant. In the result, I proceed to pass the following:- ORDER 6. The complaint is allowed. The opposite parties are directed to refund Rs.85,000/- to the complainant along with interest at 18% p.a., on that amount from 31/07/2005 till payment/realisation within 30 days from the date of this order. 7. The opposite parties are also directed to pay Rs.25,000/- as compensation to the complainant apart from the above amount. 8. The complainant is entitled to Rs.3,000/- towards costs of the present proceedings from the opposite parties. 9. The opposite parties are also directed to send the amount as ordered above to the complainant directly by way of D.D or Cheque with intimation to this Forum. 10. Send the copy of this Order to both the parties free of costs immediately. 11. Pronounced in the Open Forum on this 30TH DAY OF SEPTEMBER 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER Rhr.
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