BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

28^th DAY OF JUNE 2017

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct OP to refund a sum of Rs.7,50,000/- to the complainant together with interest at 24% p.a. from the date of receipt of the notice by the OP till the date of realization and award costs and such other reliefs.

 2. The brief averments made in the complaint are as under:

Complainant believing the various paper advertisements in the classifieds of the leading daily, brochure/pamphlet and sliders sent by the OP along with the newspapers, entered into an agreement with the OP for purchase of a flat.  OP under took to construct and handover the premises in land bearing Sy.No 77/6 at Nagavara Village, Kasaba Hobli, Bangalore North Taluk with agreement dated 02.02.2016.  OP represented that the land on which the apartment complex will be built has all the orders of the conversion, sanctioned plan etc., which OP failed to place before the complainant.  The complainant wanted to opt out of the project and demanded for return of sum of Rs.7,50,000/- which he had paid.  OP has issued two cheques drawn on Axis Bank for a sum of Rs.3,74,000/- each dated 17.10.2016 and 22.10.2016 respectively.  The said cheques when presented for encashment returned dishonored.  This fact was brought to OP’s notice by the complainant and OP had agreed to refund the total amount in the following manner, 23.11.2016 Rs.2,00,000/-, 30.11.2016 Rs.1,00,000/-, 05.12.2016 Rs.1,00,000/-, 12.12.2016 Rs.1,00,000, 19.12.2016 Rs.1,00,000/- and 26.12.2016 Rs.1,48,000/- and requested the complainant not to proceed under the Negotiable Instruments Act.  The complainant believed OP’s representation and waited for return of the money.  The complainant also lodged a complaint against OP with Commissioner of Police.  The complainant issued a legal notice dated 27.12.2016 calling upon the OP to repay the amount due i.e., Rs.7,48,000/- within 7 days from the date of receipt of the said notice.  The said notice has been duly served on the OP on 30.12.2016.  OP neither replied to the notice nor refunded the amount.  Complainant felt deficiency of service on the part of OP.  Under the circumstances the complainant is left with no alternative but to approach the Forum seeking appropriate relief for her grievance.

3. After registration of the complaint, notice was issued to OP.  In spite of service of notice OP failed to appear before the Forum and was placed ex-parte and the case was posted for filing affidavit of the complainant.

4. In support of complaint averments, Smt. Dhanalakshmi V.R, the complainant in this case filed her affidavit by way of evidence reiterating the complaint averments along with documents.

5. The sworn testimony of the complainant has remained unchallenged.  OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. Perused the copies of documents and receipts produced by the complainant.  The sworn testimony of the complainant coupled with documents establishes that, OP having received Rs.7,50,000/-, failed to construct the flat and deliver the same to complainant.  The complainant having come to know about the fraudulent activity of the OP, asked for cancellation of booking and refund of money.  Thereafter OP having given post-dated cheques to complainant, but failed to maintain sufficient balance in their account.  The conduct of OP in not returning the amount with interest when demanded amounts to deficiency of service and unfair trade practice on the part of OP.  Due to irresponsible behavior on the part of OP, complainant has suffered huge financial loss and mental agony.

7. The very fact of OP not contesting the proceedings leads us to draw an inference that OP is admitting the claim of the complainant. There is no reason to disbelieve the unchallenged affidavit of the complainant and the documents produced.  Therefore, we proposed to direct the OP to refund a sum of Rs.7,50,000/- paid by the complainant together with interest at 18% p.a. from the date of receipt of notice by the OP till the date of realization and also directed to pay compensation of Rs.75,000/- towards financial loss and hardship, caused to the complainant along with the litigation cost of Rs.3,000/-.

8. In the result, we proceed to pass the following.

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OP is directed to refund a sum of Rs.7,50,000/- (Seven Lakhs Fifty Thousand only) to the complainant together with interest @ 18% p.a. from the date of receipt of notice by the OP till the date of realization.  Further OP is directed to pay compensation of Rs.75,000/- to the complainant for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.3,000/-.

OP shall comply the order passed by this Forum within a month from today.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 28^th day of June 2017)

MEMBER                            MEMBER                     PRESIDENT

Vln* 

Witnesses examined on behalf of the complainant dated 11.05.2017.

1. Smt.Dhanalakshmi V.R

          OP  -       Absent

MEMBER                           MEMBER                      PRESIDENT

Vln*