Karnataka

Chitradurga

CC/125/2017

Dr.P.Umamaheshwarappa - Complainant(s)

Versus

Mr.M.V.Guruswamy H/o Gowramma - Opp.Party(s)

07 Feb 2018

ORDER

COMPLAINT FILED ON:24/11/2017

DISPOSED      ON:07/02/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 125/2017

 

DATED: 7^th FEBRUARY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B.,   

……COMPLAINANT/S	Dr. P. Umamaheshwarappa, Sri. Sevalal Sadana, Opp: Urdu School, Behind APMC Market Yard, Vedavathi Nagar, Hiriyur town, Chitradurga.   (In person)
V/S
…..OPPOSITE PARTY	Mr. Guruswamy H/o Gowramma, Fruit Merchants, Behind TB Guest House, Challakere Road, Vedavathi Nagar, Hiriyur-577599, Chitradurga.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to refund Rs.2,00,000/- with interest @ 2% p.m, and such other reliefs.   

2.      The brief facts of the case of the above complainants are that, he has paid an amount of Rs.2,00,000/- by way of installments to the OP for the purpose of purchase of plots measuring 30 X 40 feet.  On 02.05.2017, the complainant enquired about whether the OP has formed sites or not, he came to know that, the OP has not at all formed any sites.  After that, he asked the OP to return the amount what he has paid.  The OP has given cheque dated 08.11.2017 for Rs.2,00,000/- to the complainant drawn on SBI, Hiriyur.  Later the complainant presented the said cheque for encashment before the Bank on 09.11.2017, by that time, the bank authority has intimated the complainant that, there is no funds in the account of the OP and returned the sane to the complainant.  Knowing fully well, the OP has issued the said cheque.    After that the complainant has tried to trace out the OP but, he did not know whereabouts of the OP.   Therefore, there is a deficiency of service on the part of OP and prays for allow the complaint.

3.      After registering of the case, the notice has been sent to the OP, the same was returned with a shara that, the party is not present in the given address.  After that the complainant has taken steps through paper publication in Prajavani newspaper but, OP did not appear before this Forum to contest the matter and hence, the OP placed ex-parte.

4.      Complainant has examined himself as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-4 were got marked and closed his side.

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the OP has committed deficiency of service for non-allotment of site?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in affirmative.

          Point No.2:- As per final order.

 

REASONS

8.      The complainant has filed this complaint against the OP for allotment of site or to return the money received from him.  In this case, the complainant entered into an agreement with the OP for the purpose of purchasing the site formed by the OP and he has paid Rs.2,00,000/- for the same.  But, the OP failed to form and allot the site to the complainant.  Thereafter, the complainant demanded the OP to allot the site or to return the money received by OP but, the OP failed to form/allot the site or to return the amount.  When the complainant demanded the money, the OP has issued postdated cheque to the complainant drawn on State Bank of India, Hiriyur. 

9.   We have gone through the entire documents, affidavits and exhibits filed by the complainant.  Ex.A-4 is the sale agreement dated 23.11.2015 executed by the OP in favour of complainant.  As per the Ex,.A-2 which clearly shows that, the complainant has received the cheque for Rs.2,00,000/- from the OP on 08.11.2017.  The complainant has paid the above amount to the OP for the purpose of purchasing the plot.   After demand made by the complainant, the OP has issued the cheque for Rs.2,00,000/- to the complainant.  The intention of the OP is to cheat the public like complainant and to get unlawful gain by way of collecting the money from the publics.  The complainant wanted to get the site to his own to construct a shelter and invested his hard earned money, therefore, the conduct of the OP in not allotting the site to the complainant even he has received money from him.  Therefore, we come to the conclusion that, the OP has committed deficiency of service and unfair trade practice by cheating the public and therefore, the complainant is entitled to get the compensation for the deficiency of service on the part of OP.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed. 

It is ordered that, the OP is hereby directed to pay a sum of Rs.2,00,000/- as compensation to the complainant along with interest at the rate of 12% p.a from the date of complaint till realization.

It is further ordered that, the OP is hereby directed to pay a sum of Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 07/02/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Postal receipt
02	Ex-A-2:-	Returned postal cover
03	Ex-A-3:-	Notice
04	Ex.A-4:-	Sale agreement

 

Documents marked on behalf of OP:

-NIL-

 

MEMBER                                                            PRESIDENT

Rhr**