COMPLAINTS FILED ON:04.06.2012
DISPOSED ON:27.07.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
27th DAY OF JULY 2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.1133/2012 & 1134/2012
Complaint no.1133/2012 Complainant | B.Shivaramakrishna Reddy S/o B.H.Parameswara Reddy, Aged about 37 years, R/at No.9., 1st Floor, 80 Feet Road, 2nd Phase, Girinagar, Bangalore-560 085. Adv:Sri.K.S.Raghavendra |
Complaint no.1134/2012 Complainant | Venkateswarulu Kaisetty S/o Thirumala Setty, Aged about 42 years, R/at.No.229, 3rd Floor, 1st Cross, IInd Phase, 3rd Block, BSK IIIrd Stage, Bangalore-560 085. Adv:Sri.K.S.Raghavendra |
OPPOSITE PARTY/S | 1. M/S AISHWARYA BUILDTECH PRIVATE LTD, Having registered office at No.531, Faiz Avenue, I Floor, 11th Main, 32nd Cross, 4th Block, Jayanagar, Bangalore-560 011, Rep. by its Director V.Bhaskar Reddy. 2. V.Bhaskar Reddy Director (Administration) M/s. Aishwarya Buildtech Private Ltd., No.01, 4th Main, Kuvempu Nagar, Dodda Kallasandra, Bangalore-560 062. Ex-parte. |
COMMON ORDER
SRI. B.S.REDDY, PRESIDENT
Both these complaints are filed Under Section-12 of the Consumer Protection Act, 1986 by the respective complainants seeking direction against the Ops to allot the sites or to refund the sital deposit with interest at 24% and compensation of Rs.7,00,000/- each on the allegation of deficiency in service.
2. In spite of service of notice, Ops failed to appear without any justifiable cause, hence placed ex-parte.
3. The complainants in order to substantiate complaint averments, each of the complainants filed affidavit evidence.
4. Arguments from complainant’s side heard,
5.We have gone through the complaint averments, the documents produced and affidavit evidence of complainants. On the basis of these materials, it becomes clear that both these complainants with an intention to own a site in the proposed layout called “Aishwarya Darshan County” situated near Hosakere Halli, Uttarahalli Hobli, BSK III Stage, Bangalore South-560 085 paid initial sale consideration to the Ops and booked site Nos.145 and 191 each measuring 1500 sq.ft. The complainant in complaint No.1133/2012 paid total initial sale consideration of Rs.2,45,000/- in between 01.04.2004 and 08.04.2004. The complainant in complaint No.1134/2012 has paid total sale consideration of Rs.2,65,000/- on 05.04.2004. Ops executed the agreement deeds on 19.04.2004 and 24.08.2004 incorporating the terms and conditions. Ops have also issued the receipts acknowledging the receipt of initial sale consideration. Subsequently, Ops failed to form any layout and allot the sites as promised. The complainants got issued legal notice demanding Ops to register the sites and collect the balance sale consideration or to refund the amount with interest at 24% p.a. The notice sent to OP1 returned as ‘left’ and notice sent to the Op2 was duly served. OP2 is the Director representing OP1. The deed of agreements and the receipts are issued by OP2 as Director of Op1. In spite of service of notice, OP2 neither complied the demand nor replied for the notice. The complaints felt deficiency in service on the part of the Ops and filed these complaints.
6. The very fact of Ops remaining ex-parte leads to draw an inference that Ops are admitting the claim of the complainants. There is no reason to disbelieve the unchallenged affidavit evidence of these complainants and documents produced. The act of Ops neither forming the layout and allotting the sites nor refunding the amount received as initial sale consideration, amounts to deficiency in service. When Ops were not able to form the layout and allot the sites, it would have been fair enough on their part to refund the amount received as initial sale consideration. Under these circumstances, we are of the view that the complainants are entitled for refund of the amounts with interest at 18% p.a. from the respective date of payments till the date of realization along with litigation cost of Rs.2,000/- each. When no layout is formed by Ops, the direction cannot be issued to form the layout and allot the sites to the complainants. Accordingly, we proceed to pass the following:
O R D E R
Both these complaints filed by the complainants are allowed in part.
In complaint No.1133/2012 Ops are directed to refund an amount of Rs.2,45,000/- 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.
In complaint No.1134/2012 Ops are directed to refund an amount of Rs.2,65,000/- with interest at 18% p.a. from 05.04.2004, 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.
This original order shall be kept in the file of the complaint No.1133/2012 and a copy of it shall be placed in complaint No.1134/2012.
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 27th day of JULY-2012.)
MEMBER PRESIDENT
Cs.
