COMPLAINTS FILED ON: 08.06.2011
DISPOSED ON:28.10.2011.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
28th DAY of OCTOBER-2011
PRESENT:- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT Nos.1094, 1095, 1096/2011
Complaint no.1094/2011 ComplAINANT | Vijayaprakash S/o Venkataswamy, Aged about 44 years, No.1499 26th Main, 2nd Sector, H.S.R.Layout, Banalore-12. |
Complaint no.1095/2011 Complainant Complaint no.1096/2011 Complainant | Smt.Saraswathi G.V. W/o Late Somashekar Reddy, Aged about 32 years, C/o Venkataswamy Arya Bakery Bommanahalli Post, Bangalore-68. Shantha Raj G.V. S/o Venkataswamy, Aged about 36 years, No.42, Venkataswamy Reddy Buildings, arya Baker Hongasandra Main Road, Bommanahalli Post, Bangalore-68. Advocate:Sri.B.S.Gurudath |
| V/s |
OPPOSITE PARTY | M/s Ashirwadh Shelters, 1204, 41st Cross, 26th Main, 9th Block Jayanagar, Bangalore-69. Rep by its Partners. 1. Sri.Hariprasad, 2. Sri.Gowrish B Sugur 3. Sri. Dinesh Ex-parte. |
O R D E R
SRI. B.S. REDDY, PRESIDENT
These three complaints are filed U/s. 12 of the Consumer Protection Act of 1986 by the respective complainants seeking direction against the OP (herein after called as O.P) to repay the advance amount paid towards purchase of sites with interest at 2% p.m. along with damages on the allegation of deficiency in service on the part of the OP.
2. Since OP is common in all these complaints, the questions involved and the relief’s claimed is similar, in order to avoid the repetition of facts and multiplicity of reasoning’s all these complaints are stand disposed of by this common order.
3. In spite of service of notice through paper publication, OP failed to appear, hence placed ex-parte.
4.The complainants filed affidavit evidence in support of their respective complaint averments and the documents produced.
5. Arguments of the complainant’s side heard.
6. We have gone through the complaint averments, the documents produced and the affidavit evidence of each of these complainants. On the basis of the materials placed on record, it becomes clear that the complainant in complaint No.1094/2011 entered into an agreement to purchase site bearing No.429 measuring 50 X 30 for a total sale consideration of Rs.7,12,500/- and paid advance amount of Rs.2,85,000/-. OP executed the deed of agreement. The complainant in complaint No.1095/2011 has paid an amount of Rs.2,50,000/- as an initial sale consideration for the site bearing No.383 measuring 30 X 40 feet and OP has executed the agreement. In complaint No.1096/2011 the complainant has paid an amount of Rs.2,85,000/- towards initial sale consideration in respect of site bearing No.423 measuring 50 X 30 feet. The proposed layout is known as Ashirwadh Aero Crown situated at Varamalienaahali Village Nandi Hobli Chikkaballapura Taluk. We have gone through the terms and conditions of the agreement deeds. OP has not fulfilled its obligation of forming the layout by acquiring any land getting conversion order and approval of the layout. The complainants got issued legal notice but OP has not complied the demand to refund the amount. When OP was unable to form any layout, it would have been fair enough on its part to refund the amount. The very fact of OP remaining ex-parte leads to draw inference that OP is admitting the claim of the complainants. Had the complainants invested these amounts in any other projects, they would have got good returns. The act of OP neither forming any layout and executing the sale deeds in respect of the sites agreed to be sold or in not refunding the amount received towards advance sale consideration amounts to deficiency of service on the part of the OP. The complainants are entitled for refund of the advance amount paid with interest at 18% p.a. as compensation along with litigation cost of Rs.1,000/- in each case. Accordingly, we proceed to pass the following:
O R D E R
The complaints filed by the complainants allowed in part.
In complaint No.1094/2011 OP is directed to refund an amount of Rs.2,85,000/- with interest at 18% p.a. from 05.08.2008, till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.
In complaint No.1095/2011 OP is directed to refund an amount of Rs.2,50,000/- with interest at 18% p.a. from 05.08.2008, till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.
In complaint No.1096/2011 OP is directed to refund an amount of Rs.2,85,000/- with interest at 18% p.a. from 05.08.2008, till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.
OP to comply the order within four weeks 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.1094/2011 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 28th day of OCTOBER– 2011.)
MEMBER MEMBER PRESIDENT
Cs.
