Date of Complaint :28/08/2013

                                  Date of Disposal :22/01/2015

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

  SMT. K.D. PARVATHY, MEMBER

O R D E R

1. This is a complaint filed by the complainant under section 12 of the CP Act 1986 against the opponents for deficiency of service directing opponent no.1 to either allot the plot situated in Sy.No. 140/1, plot serial No.836 and plot seize is 625 or make arrangements to replay the amount of Rs.25,000/- along with interest at 18% p.a. vide allotment letter No.164300517, Receipt No.82613 dated 2/7/2008 along with Rs.50,000/- for mental agony and with Rs.10,000/- as costs of the complaint.

2. After the admission of the complaint, as usual issued the notice to the opponents by RPAD.  Opponent no.1 remained absent and has been placed exparte.  The opponent no.2 has been impleaded later on and has filed objection only.  There upon the complainant has filed her affidavit in lieu of evidence and has relied upon documents in support of her case.  The arguments of the complainant were heard and then posted the case for orders.

3. In view of the facts and circumstances of the case and hearing the arguments submitted by the complainant, the following points that would arise for our consideration are as follows;

1. Whether the complainant proves deficiency of service against the opponents and he is entitled for the reliefs sought for in the complaint?

2. To what order the parties are entitled?

4. Our findings on the aforesaid points are as follows;

      Point No.1:- Partly in the affirmative

      Point No.2:- As per order

R E A S O N S

5. Point No.1:- The complainant in her complaint and in her affidavit has stated that she had paid a sum of Rs.25,000/- for the allotment of plot purchase from opponent no.1.  The complainant was allotted one plot with serial No.836, the plot seize is 625 and the allotment No.164300517, Receipt No. is 82613 dated 2/7/2008 situated in Sy.No.140/1.  The opponent no.1 has executed a sale and Possession Agreement dated 27/12/2008, another agreement dated 26/12/2008 and also special power of attorney dated 11/08/2008 and also affidavit dated 04/01/2009.  The complainant states that inspite of this the plot had not been handed over to her nor was the complainant contacted.  The complainant also issued legal notice to the opponent no.1 which was duly served but inspite of that, opponent no.1 had not come forward to settle the matter.

6. The documents produced by the complainant shows that the opponent no.1 has received Rs.25,000/- cash and receipt has been given by opponent no.1 to that effect.  The documentary evidence placed on record fully corroborates the case of the complainant, that she has invested the sum of Rs.25,000/- in the company of the opponent no.1 in the year 2008.  The opponent no.1 has remained absent inspite of notice being duly served to them and have been placed exparte.

The evidence adduced by the complainant remained unchallenged.  There is nothing on record to disbelieve the evidence supported by documents.

7. In view of the aforesaid reasons, we are of the opinion that the complainant has established her case as made out in the complaint by placing sufficient material on record.  The complainant is entitled for the amount of Rs.25,000/- along with interest at the rate of 18%from the date of investment till the date of realization and also Rs.5,000/- towards mental agony and a sum of Rs.2,000/- towards the cost of this proceedings from opponent no.1.  Accordingly we answered point no.1 partly in the affirmative.

8. Point No.2:- In view of our findings on point no.1, we proceed to pass the following;

O R D E R

     The complaint filed under section 12 of the C.P Act by Smt. Premalatha B.S on 28/08/2013 against the Managing Director, Guru Teak Investment (M) Pvt.Ltd and another is hereby partly allowed.

1.The opponent no.1 is directed to pay the sum of Rs.25,000/- to the complainant along with interest at the rate of 18% from the date of investment till the date of payment.

2.The opponent no.1 is also liable to pay a sum of Rs.5,000/- towards mental agony caused to the complainant and a sum of Rs.2,000/- towards the cost of this proceedings to the complainant within one month from the date of this order failing which the complainant is at liberty to recover the said total amount of Rs.7,000/- with interest at the rate of 10% per annum from the date of this order till realization of the entire amount.

3.If this order is violated the complainant is also at liberty to file private complaint against opponent no.1 for the offences punishable under section 27 of CP Act, which is punishable with imprisonment as well as fine.

4.Issue certified copies of this order at free of cost to both the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 22^nd day of January 2015)

      (V.M. ARADHYA)            (K.D. PARVATHY)        (LATHA M.S.)

         PRESIDENT                    MEMBER                   MEMBER