COMPLAINTS FILED ON:19.04.2012
DISPOSED ON:31.07.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
31st DAY OF JULY-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.829/2012
Complainant | Smt.Sanju Singh W/o S.K.Singh, Aged about 43 years, Residing at No.71/1, M.P.Camp, A.F., Murgeshpalya, Vimalpura Post, Bangalore-560 017. Adv:Sri.A.Jayaprakash V/s |
OPPOSITE PARTY | 1. M/s Ex-Serviceman Welfare Organization, At 2nd Floor, A & B Block, Ammiamma Complex, Linden Street, Austintown, Bangalore-560 047. Represented by its General Secretary Mr.Gurugovinda and President Mr.M.Ningappa. 2. M.A.Sharieff, Proprietor, M/s M.A.S., Developers, Sy.No.62, Muthurayanapura Village, Bidadi Hobli, Ramanagar District. (Claim against OP NO.2 is given –up and deleted as per the Order dt.28.07.2012) |
O R D E R
SRI. B.S.REDDY, PRESIDENT
The complainant filed this complaint Under Section-12 of the Consumer Protection Act-1986 seeking direction against the OP to refund an amount of Rs.1,63,944/- with interest at 18% p.a. along with compensation of Rs.2,00,000/- on the allegation of deficiency in service on the part of the OP.
2. OP2 is given up by filing a Memo, OP1 in spite of service of notice, failed to appear, hence placed ex-parte.
3. In order to substantiate complaint averments, complainant filed affidavit evidence and produced documents.
4. Arguments from complainant’s side heard.
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 OP1 is a registered Organization established to form a residential layout and allot the sites to its members. The complainant became member of OP1 with an intention to own a residential site. OP1 through 2nd OP had formed a residential layout in the name of Indraprashta Defence Colony, Dodderi Village, Tavarekere Hobli, Bangalore South and allotted a site in favour of the complainant measuring 1200 sq.ft after receiving initial deposit of Rs.1,63,944/- (Rs.24,840/- paid on 14.04.2006 and Rs.1,39,104/- on 16.10.2007) OP1 and 2 executed agreement deed in favour of the complainant on 03.12.2007 and also issued the receipts. Ops failed to form the layout and allot the site as per Clause-K of the agreement deed, Ops have agreed to refund the entire amount with interest at 18% p.a. within one year after 42 months if they fail to get BMRDA approval within stipulated period. Thus the act of Op neither forming the layout and allotting the site nor refunding the advance sale consideration received amounts to deficiency in service on its part. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of Op1 remaining ex-parte leads to draw inference that OP1 is admitting the claim of the complainant. The complainant is entitled for refund of the amount paid 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/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
Op1 is directed to refund an amount of Rs.1,63,944/- 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.
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 31st day of JULY-2012.)
MEMBER PRESIDENT
Cs.
