COMPLAINT FILED:18.07.2011
DISPOSED ON:22.12.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
22nd DAY OF DECEMBER 2011
PRESENT :-
SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.1318/2011
Complainant | Mr.H.Ananda Shetty S/o Late.Annappa Shetty, Aged about 61 years, Residing at No.225, ‘Sri Manjunatha Nilaya’, 1st ‘G’ Cross, 3rd Stage, 4th Block, 7th Main, Basaveshwaranagar, Bangalore-560 079. Adv:Sri.S.Nagaraja V/s. |
OPPOSITE PARTY | M/s AEROZONAA, No.717, 2nd Floor, Poornashashi Complex, (Above Sagar Clinic) Modi Hospital Road, 2nd Stage, West of Chord Road, Basaveshwaranagar, Bangalore-560 086. Represented by its Managing Director Mr.V.Bhaskara Reddy. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section-12 of the Consumer Protection Act, 1986 seeking direction against the Op to refund an amount of Rs.2,26,800/- with interest at 18% p.a. to pay an amount of Rs.10,000/- towards expenses and compensation of Rs.50,00/- on the allegation of deficiency in service on the part of the Op.
2.In spite of service of notice, OP failed to appear, hence placed ex-parte.
3.In order to substantiate complaint averments, the complainant filed affidavit evidence.
4. Arguemnts from complainant’s side heard.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that OP being a Developer and Promoter of converted Land bearing plot No.624 formed in the layout in the name and style “AEROZONAA’ situated at Thattamachanahalli, Amanikere Village, Bulluhalli Village and Venkatagirikote Village, Vijayapura Hobli, Devanahalli Taluk, Bangalore District, made this complainant to part with an amount of Rs.2 52,000/-towards advance sale consideration and executed the agreement deed on 07.09.2006. The complainant has paid the advance sale consideration through two cheques dt.19.04.2006. At the time of receiving the advance sale consideration OP has promised that they will get BIAAPPA (Bangalore International Airport area planning authority) permission within 12 months from the date of agreement but failed to get the approval from the said authority and form the layout. OP failed to refund the amount paid or develop the proposed layout and allot the site. The complainant also approached CCB Police and lodged the complaint against the OP on 12.11.2010. After knowing the said complaint, the OP refunded Rs.25,200/- on 19.01.2011 and the balance amount of Rs.2,26,800/- is still due. The act of OP neither developing the layout and executing the sale deed in respect of the site proposed to be sold to complainant nor refunding the entire amount received as advance sale consideration amounts to deficiency in service on the part of the OP. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of OP remaining ex-parte leads to draw inference that OP is admitting the claim of the complainant. Under these circumstances, we are of the view that the complainant is entitled for refund an amount of Rs.2,26,800/- with interest at 18% p.a. as compensation from 07.09.2006 till the date of realization and pay litigation cost of Rs.2,000. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
Op is directed to refund an amount of Rs.2,26,800/- with interest at 18% p.a. from 07.09.2006, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(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 22nd day of December 2011.)
MEMBER MEMBER PRESIDENT
Cs.
