BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSLAL FORUM, BANGALORE, KARNATAKA STATE. Bangalore Urban District Consumer Disputes Redressal Forum, Cauvery Bhavan, 8th Floor, BWSSB Bldg., K. G. Rd., Bangalore-09. consumer case(CC) No. cc/09/2261
Narendram T
...........Appellant(s)
Vs.
M/s Decen Properties
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 30th DECEMBER 2009 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT Nos.2260, 2261, 2262, 2263, 2264, 2265, 2266 & 2267/2009 COMPLAINT NO.2260/09 COMPLAINANT COMPLAINT NO.2261/09 COMPLAINANTS COMPLAINT NO. 2262/09 COMPLAINANT COMPLAINT NO. 2263/09 COMPLAINANT COMPLAINT NO. 2264/09 COMPLAINANT COMPLAINT NO.2265/09 COMPLAINANT COMPLAINT NO.2266/09 COMPLAINANT COMPLAINT NO.2267/09 COMPLAINANT Dr. Jay Annaji, S/o Dr. Joe Annaji, Aged 33 years, Lalitha Annaji Hospital, Krishnagiri - 635001, Tamil Nadu. 1. Sri. Narendran. T., S/o Thamizharasu, Aged 30 years. 2. Smt. Kalpana, W/o Sri T.Narendran, Aged 30 years, #9/2, South Thirumalai Nagar, Villivakam, Chennai 600 049. Smt. Aarthi, W/o Sri Ramaswamy, Aarthi Apartments, Balaram Road, Adyar, Chennai 600 020. Sri. Bhaskar Paj, S/o Sri Krishnaraya Paj, 1st Main, Seshadripuram, Bangalore 560 020. Smt. Lalitha. J., W/o Sri. A.R. Karthik, R/at No.104, Sunder Ninur, N.P. Factory Road, Bangalore 560 032. Sri. Vimalanathan. T., S/o Sri. Thankavelu, Opposite Union Office, Bhavani Main Road, Ammapettai, Bhavani T.K., Erode, Tamil Nadu. Sri. A.R. Karthik, S/o Sri. Ramaswamy, R/at No.104, Sunder Ninur, N.P. Factory Road, Bangalore 560 032. Dr. Sowmya, S.V., W/o Dr. Jay Annaji, Aged 32 years, Lalitha Annaji Hospital, Krishnagiri 635 001, Tamil Nadu. Advocate: Sri V.Shivakumar V/s OPPOSITE PARTY M/s Deccan Properties, Partnership Firm, Having its office at No.8, Nitin Arcade, 1st Floor, Ramamurthy Nagar Main Road, Banaswadi, Bangalore 560 043. Rep: by its Managing Partner and Authorized Signatory, Sri. Venkat Gowtham, S/o Sri Kannan. O R D E R The complainants in all these complaints filed complaints U/s. 12 of the Consumer Protection Act of 1986, seeking direction against Opposite Party (herein after called as O.P.) to refund the sital value paid by them with interest at 18% p.a. and to award damages on an allegations of deficiency in service on the part of the OP. OP in all these complaints is common, the question involved, reliefs claimed being similar, in order to avoid the repetition of facts and multiplicity of reasonings, the above cases are stand disposed of by this common order. 2. The case of the complainants is that they believing the representation of OP that they have formed a layout consisting of land measuring 33 acres 53 cents at Kuthirambakkam, Kanchipuram Taluk, Tamil Nadu, entered into an agreement to purchase the sites by paying part of the sale consideration through cheques, a memorandum of understanding was entered in to between the parties in corporating the terms and conditions of the sale. The complainants were ready to pay the balance sale consideration and get the sale deed registered in their favour. OP assured that the sites would be registered immediately after obtaining the sanction layout. In the month of January 2009 OP informed that sanction is not yet obtained for the proposed layout and there would be further delay in registration of the sale deed, hence OP offered to refund the sale consideration along with interest. Accordingly OP has issued the cheques in favour of the complainants towards refund of the sital advance received and also towards interest amount on the said advance at the rate of 18% p.a. On presentation of those cheques the cheques were returned with an endorsement insufficient funds. Thereafter the complainants approached the OP but OP gave evasive replies who reiterated that sanction for the layout had not been obtained and that he is not in a position to deliver the sites or to refund the sale consideration received. Thus it is alleged that the conduct of the OP in not completing the sale transaction nor refunding the amount paid towards sital value; inpsite of repeated demands and legal notice, amounts to deficiency in service on the part of the OP. Hence it is liable to pay damages and in addition to refunding the amount paid with interest at 18% p.a. 3. Inspite of service of notice; OP failed to appear before this Forum without any sufficient cause in all these cases, hence placed ex-parte. 4. The complainants filed affidavit evidence in the respective complaints. 5. After perusing the complaints allegations and the affidavit evidence and documents produced by the complainants it becomes clear that the advance amounts paid towards sital value by these complainants is not returned by the OP. OP in the letters addressed to these complainants admitted that the layout proposed to be formed is not sanctioned. The very fact of not providing the sites as promised or refunding the amounts received amounts to deficiency in service on the part of the OP. 6. For the sake of convience the complaint Nos. the date of memorandum of understanding, site No., measurement of the site and amount paid by these complainants is mentioned as noted in the chart below: Sl.No. Complaint No. Date of Memorandum of Understanding Site No. Measuring Amount Paid 1 2260/09 24.03.08 298 30 X 40 Rs.1,55,500/- 2 2261/09 02.02.08 596 778 30 X 60 40 X 60 Rs.5,24,000/- 3 2262/09 29.03.08 366 30 X 40 Rs.1,15,500/- 4 2263/09 29.03.08 405 422 30 X 40 30 X 40 Rs.2,31,000/- 5 2264/09 29.03.08 399 30 X 40 Rs.1,15,000/- 6 2265/09 09.04.08 338 30 X 40 Rs.1,15,000/- 7 2266/09 24.03.08 400 30 X 40 Rs.1,15,000/- 8 2267/09 24.03.08 297 30 X 40 Rs.1,15,500/- The complainants got issued legal notice to the OP demanding for refund of the amount, OP has not replied for the same. In the letters addressed by OP to all these complainants it is admitted the cheques are being issued towards refund of the amount paid towards advance sale consideration and interest at the rate of 18% p.a. on the said amount. OP has undertaken that the cheques will be honoured and if the same is dishonoured complainants are entitled to take legal action. Thus it becomes clear that the cheques issued by the OP are dishonoured. Though the complainants have invested their hard earned money with fond of hope of getting sites, but they could not reap the fruits of their investment for no fault of theirs. The very fact of OP remaining ex-parte without justifiable cause clearly goes to show that OP is admitting the complaint allegations with regard to the receipt of the part of the sale consideration and also with regard to the cheques being issued towards repayment of the advance received with interest. Under these circumstances we are of the view that the complainants proved deficiency in service on the part of the OP, hence they are entitled for refund of the part of the sale consideration paid with interest at 18% p.a. along with litigation cost of Rs.1,000/- each. Accordingly we proceed to pass the following: O R D E R All the complaints filed by the respective complaints are allowed. 1. In complaint No.2260/09 OP is directed to pay an amount of Rs.1,15,500/- with interest at 18% p.a. from 20.03.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. 2. In complaint No.2261/2009 OP is directed to pay an amount of Rs.5,24,000/- together with interest at 18% p.a. from 02.02.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. 3. In complaint No.2262/09 OP is directed to pay an amount of Rs.1,15,500/- with interest at 18% p.a. from 01.04.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. 4. In complaint No.2263/2009 OP is directed to pay an amount of Rs.2,31,000/- together with interest at 18% p.a. from 01.04.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. 5. In complaint No.2264/09 OP is directed to pay an amount of Rs.1,15,500/- with interest at 18% p.a. from 20.03.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. 6. In complaint No.2265/2009 OP is directed to pay an amount of Rs.1,15,500/- together with interest at 18% p.a. from 01.06.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. 7. In complaint No.2266/09 OP is directed to pay an amount of Rs.1,15,500/- with interest at 18% p.a. from 20.03.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. 8. In complaint No.2267/2009 OP is directed to pay an amount of Rs.1,15,500/- together with interest at 18% p.a. from 20.03.2008 till the date of realization with litigation cost of Rs.1,000/- to the complainant. This order is to be complied within four weeks from the date of its communication. 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.2260/2009 and a copy of it shall be placed in other respective files. (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 December 2009.) MEMBER MEMBER PRESIDENT Snm
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