COMPLAINTS FILED ON: 03.09.2011

DISPOSED ON:13.03.2012

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

13^th DAY of MARCH 2012

  PRESENT:-  SRI. B.S. REDDY                        PRESIDENT

                    SRI.A.MUNIYAPPA                       MEMBER              

COMPLAINT Nos. 1636, 1637, 1638, 1639/2011

COMMON ORDER

SRI. B.S.REDDY, PRESIDENT

The complainants filed these complaints U/s. 12 of the Consumer Protection Act of 1986 seeking direction against the Opposite Parties (herein after called as O.Ps) to refund an amount of Rs.82,000/- deposited for allotment of sites with interest at 24% p.a. on the allegation of deficiency in service on the part of the OPs.

2. Since Ops are common in both these complaints, the relief’s sought by each of these complainants and questions involved are similar in nature, in order to avoid the repetition of facts and multiplicity of reasoning’s, all these complaints are stand disposed off by this common order.

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

The Ops introduced themselves as a township promoters and developers of residential layout called ‘Sivajyothi Township Promoters Pvt Ltd’ and they stated about a scheme by name ‘Sivahyothi Paradise’ under which the members will be allotted a sites on payment of sital value in monthly instalments and the said layout is proposed to be formed in the outskirts of the Bangalore near Anekal. The complainants became the members of that project and applied for allotment of sites each measuring 30 X 40 feet and paid total amount of Rs.82,000/- each towards sital value in monthly instalments from 26.05.1999. Ops have entered the payments in the pass books and issued the receipts. When the complainants were enquiring about the site allotments Ops used to inform them to wait for few months, as the membership number of the complainants has not yet come for allotment. In the month of October-2006, Ops informed that they are facing some hurdles, after clearing those hurdles they would allot the sites. Ultimately Ops not formed any layout and allotted the sites. In the month of April-2010, Ops expressed their inability to allot the sites and they offered to refund the amount deposited along with interest at 12% p.a. and sought time to pay the amount. Ops failed to refund the amount with interest, in spite of legal notice issued and repeated demands. The complainants felt deficiency in service and filed these complaints.

4.   In spite of service of notice by paper publication, Ops 1 & 3 failed to appear and OP2 in spite of service of notice by intimation delivered failed to appear without any justifiable cause, hence OP1 to 3 placed ex-parte.

5.   The Power of Attorney Holder of these complainants filed affidavit evidence.

6.   Arguments of the complainant’s side heard.

7.   We have gone through the complaint averments, the documents produced and the affidavit evidence of Power of Attorney Holder of the complainants. On the basis of these materials, it becomes clear that each of these complainants deposited an amount of Rs.82,000/- towards allotment of the site, Ops issued pass book making entries regarding payments, the receipts are also issued by the Ops acknowledging the receipt of the amounts in instalments commencing from 26.05.1999 to 25.09.2002. Ops being the developers made these complainants to become its members with assurance of that they would allot the sites but Ops have not acquired any land, formed any layout. The legal notices issued were returned as ‘addressee left’. Thus it becomes clear that these Ops having received the amount towards allotment of the sites left the address. The act of Ops neither forming any layout and allotting the sites nor refunding the amount received amounts to deficiency in service.  There is no reason to disbelieve the unchallenged affidavit evidence of the Power of Attorney Holder of the complainants and the documents produced. The very fact of OPs remaining ex-parte leads to draw inference that OPs are admitting the claim of the complainants. The complainants are entitled for refund of the amount along with interest at 18% p.a. by way of compensation from 25.09.2002 till the date of realization along with cost of Rs.2,000/- in each case. Accordingly, we proceed to pass the following:

O R D E R

All these complaints are allowed in part.

Ops are directed to refund an amount of Rs.82,000/- with interest at 18% p.a. from 25.09.2002 till the date of realization and to pay litigation cost of Rs.2,000/- to each of these complainants.

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

Send the copy of this order to both the parties free of cost.

This original order shall be kept in the file of the complaint No.1636/2011 and a copy of it shall be placed in other complaint.

(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 13^th day of MARCH– 2012.)

MEMBER                                                          PRESIDENT

Cs.