BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 28th DAY OF SEPTEMBER-2011 PRESENT:- SRI. B.S. REDDY PRESIDENT SMT.M.YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT Nos.1292, 1293, 1294, 1295, 1296, 1297/2011 Complaintno.1292/2011 Complainant Complaintno.1293/2011 Complainant Complaintno.1294/2011 Complainant Complaintno.1295/2011 Complainant Complaintno.1296/2011 Complainant Complaintno.1297/2011 Complainant OPPOSITE PARTY/S | Mr.Kiran K.Hegde S/o Krishna Hegde, Aged about 30 years, Residing at No.12/2, 1st Floor, Kalappa Compound, 2nd Cross, Agrahara Dasarahalli, Bangalore-560 079. Complainant is represented by PA Holder. Chetan G.S/o Girish H, Aged about 42 years, No.1033, III Stage, III Block, V Main, II E Cross, Basaweshwaranagar, Bangalore-560 079. Mr.B.Raghavendra S/o B.Krishnamurthy, Aged about 36 years, Residing at No.505, 3rd Main Road, Muthyalamma Nagar, MES Road, Bangalore-560 054. Complainant is represented by PA Holder. Chetan G.S/o Girish H, Aged about 42 years, No.1033, III Stage, III Block, V Main, II E Cross, Basaweshwaranagar, Bangalore-560 079. Mr.Lingeswaren D.S. S/o Sivanandam D, Aged about 39 years, No.41, 2nd Main Road, Thirumalnagar West Extension, Roonamalee, Chennai-6000546. Complainant is represented by PA Holder. Chetan G.S/o Girish H, Aged about 42 years, No.1033, III Stage, III Block, V Main, II E Cross, Basaweshwaranagar, Bangalore-560 079. Mr.T.Vasan Aged Major, No.64, 10th A Cross, Mahalakshmipuram, Bangalore-560 086. Complainant is represented by PA Holder. Chetan G.S/o Girish H, Aged about 42 years, No.1033, III Stage, III Block, V Main, II E Cross, Basaweshwaranagar, Bangalore-560 079. Smt. R.Sridevi W/o Suresha S, Aged about 34 years, Residing at No.77/30, 17th Main Road, 7th Cross, JC Nagar, Kurubarahalli, Bangalore-560 086. Complainant is represented by PA Holder. Chetan G.S/o Girish H, Aged about 42 years, No.1033, III Stage, III Block, V Main, II E Cross, Basaweshwaranagar, Bangalore-560 079. Smt.Gayathri Y, W/o N.Yellappa, Aged Major, Residing at No.48, First Floor, 6th Cross, SBM Colony, Brundavan Nagar, Mattikere, Bangalore-560 054. Complainant is represented by PA Holder. Chetan G.S/o Girish H, Aged about 42 years, No.1033, III Stage, III Block, V Main, II E Cross, Basaweshwaranagar, Bangalore-560 079. Advocate: Sri.N.M.Ananda V/s 1. Mr.Ashwath Babu B.L. Proprietor, M/s Trishul Realty Holdings, No.912, Handignala Village, Keshawara Post, Sidlaghatta Taluk, Chikkaballapura-562 102. 2. Mr.Ashwath Babu, B.L. M/s Trishul Realty Holdings, No.10/18 Chabriya Layout, Kumarakrupa Road, Banalore-560 001. Advocate: Placed Ex-parte. |
COMMON ORDER SRI. B.S.REDDY, PRESIDENT These are the complaints filed U/s. 12 of the Consumer Protection Act of 1986, seeking direction to the OPs to refund the amounts paid towards part of sital value with interest at 18% p.a. and damages of Rs.10,000/- along with litigation costs on the allegation of deficiency in service on the part of the OPs. Since OPs are common in all these complaints, the questions involved and the relief’s claimed are similar, in order to avoid the repetition of facts and multiplicity of reasoning’s, in the interest of justice all these complaints are disposed of by this common order. 2. The case of the complainants to be stated in brief is that: OP being a land developer assured to allot sites to each of these complainants in the proposed layout called the SERENITY, situated at Handignala Village, Kasaba Hobli, Siddlaghatta Taluk, Chikkaballapura District and received the initial amount towards booking issued the receipts. OP failed to fulfill its obligations, as the layout is not developed. The complainants approached OP seeking refund of the amounts paid. OP failed to comply the demand. The details of payments made by each of these complainants are shown in the below chart. Sl.Nos. | Complaint Nos. | Dimension of the Plot | Amounts paid with date | 1 | 1292/2011 | 30 X 40 Feet | 05/12/2008 Rs.1,00,000/- 30/03/2009 Rs.64,000/- 14/09/2009 Rs.64,000/- Total:- Rs.2,28,000/- | 2 | 1293/2011 | 30 X 40 Feet | 10/12/2009 Rs.30,000 19/02/2010 Rs.4,700/- 19/02/2010 Rs.4,700/- Total Rs.39,400/- | 3 | 1294/2011 | 30 X 40 feet | 11/10/2009 Rs.60,000/- 17/11/2009 Rs.60,000/- Total Rs.1,20,000 | 4 | 1295/2011 | 30 X 40 Feet | 28/10/2008 Rs.50,000/- Total Rs.50,000/- | 5. | 1296/2011 | 30 X 40 Feet | 02/09/2009 Rs.15,000/- 05/10/2009 Rs.4,700/- 05/11/2009 Rs.4,700/- Total Rs.24,400/- | 6. | 1297/2011 | 40 X 30 Feet | 05/11/2008 Rs.1,00,000/- Total Rs.1,00,000/- |
OP failed to refund the amounts, complainants felt deficiency in service on the part of the OP and they were advised to file these complaints seeking necessary reliefs stated above. 3. The notices issued to the OP were duly served on the first address, OP failed to appear, hence placed ex-parte. 4. In order to substantiate complaint averments, the P.A.Holder respective complaints filed affidavit evidence. 5. Arguments heard from complainant’s side. 6. Perused the complaints averments and affidavit evidence of the P.A.Holder complainants the documents produced. OP as a developer made these complainants to part with huge amounts as shown in the above chart with an assurance to allot the sites in the proposed layout to be formed. OP failed to develop any layout and allot the sites to these complainants. The complainants demanded for refund of the amounts paid, but OP failed to comply their demand, as such complainants were compelled to approach this Forum. The act of OP in not forming any layout and allotting any sites or to refund the amount received from these complainants amounts to deficiency in service on their part. The very fact of OP remaining ex-parte goes to show that he is admitting claims of these complainants. OP has issued the receipts for the payments made. When OP was not able to form any layout, it was fair enough on his part to refund the amounts when demanded by these complainants. The complainants are entitled for refund of the amounts with interest at 18% p.a. with litigation cost of Rs.1,000/-. 7. The other similar complaints filed against the same, OP in complaint No.2448/2010 and connected matters, the complaints are already allowed with a direction to refund the amount with interest at 18% p.a. Accordingly, we proceed to pass the following: O R D E R The complaints filed by the complainants are allowed in part. In complaint No.1292/2011 OP is directed to refund an amount of Rs.2,28,000/- with interest at 18% p.a. from the date of respective payments till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. In complaint No.1293/2011 OP is directed to refund an amount of Rs.39,400/- with interest at 18% p.a. from the date of respective payments till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. In complaint No.1294/2011 OP is directed to refund an amount of Rs.1,20,000/- with interest at 18% p.a. from the date of respective payments till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. In complaint No.1295/2011 OP is directed to refund an amount of Rs.50,000/- with interest at 18% p.a. from the date of deposit till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. In complaint No.1296/2011 OP is directed to refund an amount of Rs.24,400/- with interest at 18% p.a. from the date of respective payments till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. In complaint No.1297/2011 OP is directed to refund an amount of Rs.1,00,000/- with interest at 18% p.a. from 05.11.2008 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.1292/2011 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 her, verified and corrected, and then pronounced in the Open Court by us on this the 28th day of SEPTEMBER– 2011.) MEMBER MEMBER PRESIDENT Cs., |
