COMPLAINT FILED: 04.11.2011
DISPOSED ON: 30.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30th DAY OF APRIL 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO. 2030/2011
Complainant | Mr. B.S. Bhat, S/o. Late B. Krishna Bhat, Aged about 74 years, R/at No. 553/C, 8th Main, 4th Block, Koramangala, Bangalore – 560 034. By Adv. Sri. Mariappa V/s. |
OPPOSITE PARTIES | M/s. Aipro County, Having office at No.3420, 2nd Floor, Service Road, RPC Layout, Vijaynagar II Stage, Bangalore – 560 040. Represented by its Managing Partner Jyothula Venkateswara Rao. 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 of 1986 seeking direction against OP to refund an amount of Rs.2,64,000/- with interest at 18% p.a. and to pay compensation of Rs.5,00,000/- along with litigation cost on the allegation of deficiency in service.
2. In spite of service of notice by paper publication, OP failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, the complainant filed affidavit evidence and produced documents.
4. Heard arguments from complainant’s side.
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 formed a layout known as “AIPRO COUNTY” and offered to sell the sites in the said layout. The complainant after going to the brochure and offers made by the representatives of OP intended to purchase the site bearing No. 191 in the said layout. On 09.08.2007 the complainant paid an amount of Rs.2,64,000/- to OP towards initial sale consideration for the said site and OP has executed the agreement by stipulating the terms and conditions. As per the terms of the agreement OP had to get the approval from D.T.C.P and after getting such approval OP has to execute the sale deed in favour of the complainant within one month. But even after period of 3 ½ years OP has not formed the said layout and allotted the site. The complainant demanded for refund of the amount received as initial sale consideration. OP issued cheque dated 30.01.2011 for a sum of Rs.3,37,920/- drawn on Axis Bank Ltd., Malleshwaram, Bangalore towards refund of the said amount. On presentation of the said cheque the same was dishonoured. The complainant has already filed private complaint under N.I. Act against the OP in C.C. No. 21869/11 on the file of XIII Additional Chief Metropolitan Magistrate, Bangalore. Till date OP has not refunded the amount. The Legal Notice was issued on 30.08.2011 calling upon OP to refund the amount, OP neither complied the demand nor replied the notice. The act of OP neither forming the layout and allotting the site nor refunding the amount received towards initial sale consideration for the site, amounts to deficiency in service. The very fact of OP remaining ex-parte leads us to draw inference that OP is admitting the claim of the complainant. In the agreement deed OP has acknowledged the receipt of total amount of Rs.2,64,000/- through cheque dated 21.07.2007 towards initial sale consideration. The copy of the cheque issued towards refund of the amount and the bank memo clearly goes to show the cheque issued towards refund of amount has been bounced. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The complainant is entitled for refund of the 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.2,64,000/- with interest at 18% p.a. from 09.08.2007 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 30th day of APRIL 2012.)
MEMBER PRESIDENT
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