COMPLAINTS FILED ON:09.04.2012
DISPOSED ON:31.07.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
31st DAY OF JULY-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.753/2012
Complainant | Nagesh Iyyagari S/o A.V.Rao, Aged about 35 years, Residing at No.C-806, Purva Heights, Bannerghatta Road, Bangalore-560 076. Adv:Sri.S.Nagaraja V/s |
OPPOSITE PARTY | M/s Aerozonaa, Office at No.717, Poornashahi Complex, 2nd Floor, 2nd Stage, West of Chord Road, Modi Hospital Road, Basaveshwarnagar, 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 the advance amount paid with interest at 18% p.a. along with compensation of Rs.50,000/- on the allegation of deficiency in service.
2. In spite of service of notice, OP failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, complainant filed affidavit evidence and produced documents.
4. Arguments 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 the complainant booked plot No.97 measuring 4000 sq.fe., proposed to be formed in the layout called Aerozonaa situated at Thattanachanahalli, Amanikere Village, Bulluhalli, Village and Venkatagirikote Village, Vijayapura Hobli, Devanahalli Taluk, Bangalore Rural District and paid an advance amount of Rs.6,60,000/- to the Op, out of sale consideration of Rs.26,40,000/-. OP executed agreement deed on 27.11.2006 incorporating the terms and conditions and promised that they will get an approval for the said layout from BIAAPA. Further the complainant paid an amount of Rs.2,20,000/- On 23.11.2006. Thus the complainant paid totally Rs.8,80,000/- towards part of the sale consideration for the plot booked. OP has issued the receipts acknowledging the receipt of the amount. OP after receipt of the advance sale consideration failed to get an approval from BIAAPA for the said layout. The complainant demanded to refund the amount paid, OP though initially agreed to refund but later failed to refund the amount. The Legal Notice was issued on 09.01.2012 by way of RPAD and also under Certificate of posting. The Notice sent under RPAD returned as left. Thus Op neither formed the layout and allotted the site nor refunded the amount received as advance sale consideration, as such there is 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 of the entire amount with interest at 18% p.a. by way of compensation along with 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.8,80,000/- with interest at 18% p.a. from the respective date of payments, 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 31st day of JULY-2012.)
MEMBER PRESIDENT
Cs.
