COMPLAINTS FILED ON:18.02.2012
DISPOSED ON:21.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
21st DAY OF APRIL 2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos. 370, 371, & 372/2012
Complaintno.370/2012 Complainant | Smt.B.Sarojini Devi W/o G.Keshava Rao, Aged about 76 years, R/at “Chaya” No.794, 5th Main, 7th Cross, M.C.Layout, Vijayanagara, Bangalore-560 040. Adv:Sri.V.G.Manjunath |
Complaintno.371/2012 Complainant | Smt.M.R.Susheela W/o M.K.Ranga Swamy, Aged about 46 years, R/at No.4/1, 1st Cross, 4th Main, Shankar Nagar, Mahalakshmi Layout, Nandinilayout Post, Bangalore-560 096. Adv:Sri.V.G.Manjunath |
Complaintno.372/2012 Complainant | S.R.Muralidhar S/o S.V.Ramaiah Setty, Aged about 58 years, R/at No.568/A, 4th Cross, Mahalakshmi Layout, Bangalore-560 086. Adv:Sri.V.G.Manjunath V/s |
OPPOSITE PARTY/S | M/s GOLDEN GREEN FARMS & RESORTS (P) Ltd., No.108, Wadaiyar Complex, Between 7th & 8th Cross, Sampige Road, Malleswaram, Bangalore-560 003, Represented by its Managing Director Mr.D.Sudhakar Reddy. And also: Mr.D.Sudhakar Reddy, R/at No.1043/13, 2nd Floor, 2nd Cross, 7th Main, Srirampuram, (Opp.To Sri.Hari Children’s Clinic), Bangalore-560 021. Ex-parte. |
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COMMON ORDER
SRI. B.S.REDDY, PRESIDENT
These complaints are filed U/s. 12 of the Consumer Protection Act of 1986, by the respective complainants seeking direction against the Opposite Party (herein after called as O.P) to refund an amount of Rs.1,48,000/- with interest at 24% p.a. and to pay compensation of Rs.5,00,000/- in each case on the allegation of deficiency in service on the part of the OP.
Since Op is common in all these complaints, the questions involved and the relief’s claimed being 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.
2. In spite of service of notice by way of intimation delivered, OP failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, the complainants filed affidavit evidence and produced documents.
4. Heard from complainant’s side.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainants. On the basis of these materials, it becomes clear that one of the OP agent approached these complainants and canvassed the membership and also about the Farm and convinced the complainants to become member of OP. Each of these complainants paid total amount of Rs.1,48,000/- to OP through Pass Book No.579, 545 & 695 respectively. The payments were made through cheques and by way of cash. Each of these complainants paid 59 easy instalments of Rs.2,000/-. An initial payment of Rs.10,000/- has been paid along with 1st instalment. Development Charges of Rs.5,000/- has been paid on 12th, 24th 36th and 48th months only. OP has issued the endorsement and acknowledgment having received the amount. OP has executed an agreement dt.15.09.1995 in favour of each of these complainants incorporating the terms and conditions. As per the terms of the agreement deed the complainants should pay the entire amount upon which OP would register Farm in the name of the complainants. After receiving the entire amount from the complainants OP changed the office from one address to another address again and again without intimation of the complainants. It was very difficult to trace the address of the OP. Recently complainants were able to ascertain the address of OP and visited the present office. OP assured the complainants and requested to grant some time. The complainants waited all these days but OP has not fulfilled its obligation when the complainants visited the office of OP and enquired about the farm house and tree plantation in the said farm house in the property, OP has not responded properly then the complainants visited the office of Op and demanded to refund the amount paid. Though OP assured each of these complainants to provide the farm house measuring 4 ½ guntas land in Sy.No.7, situated at Kenchanahalli Village, Nelamangala Taluk, Bangalore Rural District, but in fact there is no any development of the farm house. The complainants waited for all these days with a hope that OP will return the amount paid but OP has not complied the demand. The complainants got issued legal notice dt.05.01.2012 to OP and the same was served to OP. After receipt of the notice, OP failed to comply the demand and has not replied for the said notice.
6. It may be noted that these complainants with fond hope of owning farm house paid an amount of Rs.1,48,000/- each to the OP, but OP has not fulfilled its obligation. As per the terms of the agreement deeds executed it is stated that this OP being vendor is promoting farm land at Kenchanahalli Village, the members under their scheme are permitted to purchase 5000 sq.ft for a total value of Rs.1,48,000/- payable in 59 instalments of Rs.2,000/- p.m., along with Development Charges of Rs.20,000/- (Rs.5,000/- once in a year). Further it is shown that OP has received the initial amount of Rs.10,000/- from these complainants towards reservation of plot and pass book number is mentioned. The complainants have paid 59 monthly instalments of Rs.2,000/- each the instalment amounts paid works out at Rs.1,18,000/- + initial amount of Rs.10,000/- received on the date of agreement deed for reservation of the plots and total amount is Rs.1,28,000/-. Each of these complainants have paid Rs.20,000/- towards Development Charges thus total amount of Rs.1,48,000/- has been paid to the OP. When OP was not able to develop the farm and allot the plots it would have been fair enough on its part to refund the amount received from these complainants. The act of Op neither developing the farm and allotting the Farm house nor refunding the amount received from these complainants, amounts to deficiency in service on its part.
7.There is no reason to disbelieve the unchallenged affidavit evidence of the complainants, the documents produced. The very fact of Op remaining ex-parte leads to draw inference that Op is admitting the claim of these complainants. Under these circumstances, we are of the view that each of these complainants are entitled for refund of the amount paid with interest at 18% p.a. by way of compensation from the date of payment, till the date of realization and pay litigation cost of Rs.2,000/- each of these complainants. Accordingly, we proceed to pass the following:
O R D E R
These complaints are allowed in part.
Op is directed to refund an amount of Rs.1,48,000/- with interest at 18% p.a. from the respective date of payment, till realization and pay litigation cost of Rs.2,000/- to each of these complainants.
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.370/2012 and a copy of it shall be placed in other connected file.
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 21st day of April-2012.)
MEMBER PRESIDENT
Cs.
