COMPLAINTS FILED ON: 08.06.2011 DISPOSED ON:29.10.2011 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 29th DAY of OCTOBER-2011 PRESENT:- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT Nos.1042, 1043, 1044/2011 Complaint no.1042/2011 Complainant | S.N.Santosh Kumar S/o S.A.Narahari Shetty, Aged about 41 years, Residing at Vijayashree, U.P.Extension, 1st Main Road, Chitradurga-577 501. Presently at No.A004, Adarsha Nivas 70, Kanakapur Road, Jaraganahalli, J.P.Nagar, 6th Phase, Bangalore-560078. | Complaint no.1043/2011 Complainant Complaint no.1044/2011 Complainant | S.N.Santosh Kumar S/o S.A.Narahari Shetty, Aged about 41 years, Residing at Vijayashree, U.P.Extension, 1st Main Road, Chitradurga-577 501. Presently at No.A004, Adarsha Nivas 70, Kanakapur Road, Jaraganahalli, J.P.Nagar, 6th Phase, Bangalore-560078. S.N.Santosh Kumar S/o S.A.Narahari Shetty, Aged about 41 years, Residing at Vijayashree, U.P.Extension, 1st Main Road, Chitradurga-577 501. Presently at No.A004, Adarsha Nivas 70, Kanakapur Road, Jaraganahalli, J.P.Nagar, 6th Phase, Bangalore-560078. Advocate:Sri.S.Nagaraja | | V/s | OPPOSITE PARTY | M/s Aipro County, Having its registered office at No.3420, 2nd Floor, Service Road, RPC Layout, Vijayanagar, 2nd Stage, Bangalore-560 040, Represented by its Manager Partner Mr.Ravi Ankineedu Prasada Rao, And also at Mr.Ravi Ankineedu Prasada Rao Lanpro, No.380/6, Amruthahalli Main Road, Bangalore-560 092. Advocate:Sri.P.Gowda |
O R D E R SRI. B.S. REDDY, PRESIDENT These three complaints are filed by the same complainant against the same OP (herein after called as O.P) U/s. 12 of the Consumer Protection Act of 1986, seeking direction to refund the advance paid towards purchase of sites and compensation of Rs.50,000/- with litigation costs on the allegation of deficiency in service on the part of the OP. 2. The case of the complainant to be stated in brief is that: OP being a Developer of layout forming residential sites made this complainant to enter into an agreement to purchase three sites bearing No.299, 117 and 302 all situated at layout called as AIPRO County, at Tadur Village, Jangamakote Hobli, Siddlaghatta Taluk, Kolar District and entered into an agreement to sell the sites on 14.05.2008, executed the deed of agreements receiving the initial booking amount of Rs.1,35,000/- for the site bearing No.299 measuring 1500 sq.ft, Rs.2,40,000/- for the site bearing No.117, measuring 2400 sq.ft., Rs.1,35,000/- for the site bearing No.302 measuring 1500 sq.ft. OP was unable to form any layout and complete the project, the complainant cancelled the booking and the agreement deeds sought for refund of the amount with interest at 2% p.m and got issued legal notice. OP failed to comply the demand, the complainant felt deficiency in service and filed these complaints. 3. OP failed to file version and filed affidavit evidence admitting the claim of the complainant and also execution of agreement deeds receipt of initial booking amount as claimed by the complainant. The Managing Partner of OP in his affidavit sought 6 months time to refund the amount on the ground that Op is in financial difficulties. 4. The fact that OP has received the initial booking amount and executed the agreement deeds is not in dispute. OP is seeking six months time for repaying the amount but there is no justification for seeking time, as the complainant has paid the initial booking amount on 14.05.2008 itself, but till date OP has not made any attempts to repay the amount. Had the complainant invested this amount in any other projects, he could have got good returns. Under these circumstances, we are of the view that 3 months time can be granted to pay the amount with interest at 18% p.a. by way of compensation. Accordingly we proceed to pass the following: O R D E R The complaints filed by the complainant allowed in part. OP is directed to refund an amount of Rs.1,35,000/- each in complaint No.1042 and 1044/2011 and Rs.2,40,000/- in complaint No.1043/2011 with interest at 18% p.a. from the date of complaint, till the date of realization and pay litigation cost of Rs.1,000/- in each complaint to the complainant within three months 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.1042/2011 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 29th day of OCTOBER– 2011.) MEMBER MEMBER PRESIDENT Cs. |
