CC No: 1935/2015

 Filed on 02.12.2015

Disposed on 21.04.2016

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE – 560 052

DATED THIS THE 21^st DAY OF APRIL 2016

CONSUMER COMPLAINT NO.1935/2015

PRESENT:

Sri. Balakrishna.V.Masali, B.A., LL.B. (Spl)

                                    MEMBER

                        Smt. L. Mamatha, B.A., (Law), LL.B.

                        MEMBER

                                                        V/S

ORDER

BY SMT. L. MAMATHA, MEMBER

1.         This is a complaint filed by the Complainant against the Opposite Parties under Section-12 of the Consumer Protection Act, 1986, praying to pass an order directing the Opposite Parties to refund the entire booking amount of Rs.5,25,000/- along with interest at 15% p.a. on the entire booking amount from 04.10.2011, till realization.  Further to pay a sum of Rs.2,00,000/- as compensation and Rs.10,000/- towards cost of litigation to the Complainant.

2.         The brief facts of the Complaint can be stated as under:

In the complaint, the Complainant alleged that the 1^st Opposite Party is a reputed real estate company dealing with construction of apartments and houses at Bangalore.  The Complainant contacted the 1^st Opposite Party through the 3^rd Opposite Party.  The Complainant received a final quotation dt.22.10.2010 from the 1^st Opposite Party in respect to the property named “TATTVA SARAS” constructed at 7^th Cross Road, Koramangala 3^rd Block, Bangalore.  Further, the Complainant submitted that as per the discussions with the 3^rd Opposite Party, the Complainant transferred an amount of Rs.5,25,000/- in the name of the 1^st Opposite Party to the account number CAPUB-68 Branch, Saraswathi Co-operative Bank Limited, Koramangala, Bangalore, IFSC Code-SVCB0000222 on 03.10.2011 through his bankers M/s New India Cooperative Bank Limited, Thane, Mumbai as booking amount for booking a Condo A House Property at TATTVA SARAS, the propsed project of the 1^st Opposite Party.  The Complainant after his retirement from the job in March 2012, shifted to Bangalore in the month of May 2012, to settle permanently at Bangalore.  The Complainant was in touch with one Mrs. Aishwarya who was working with the 1^st Opposite Party, in respect of the house property booked by him.  Further, the Complainant also met the said Mrs. Aishwarya twice in the year 2012 and later, he came to know through her that as the people were not ready to invest in the said project and they are planning to cancel the said project.  The Complainant finally got a call from the 3^rd Opposite Party on 14.02.2013 regarding the cancellation of the said project and the 3^rd Opposite Party assured the Complainant that the money paid by him as a booking amount, would be returned within a fortnight along with interest.  Inspite of the Complainant being in touch with the said Mrs. Aishwarya and the 3^rd Opposite Party, he did not received any refund of the booking amount.  The Complainant sent an email to one Mrs.Mona who was working with the 1^st Opposite Party on 01.09.2013 requesting for refund of booking amount and in the month of November 2014 the Complainant requested the Opposite Party to arrange for refunding of the booking amount, but till today said amount has not to be returned to the Complainant.  The Complainant issued legal notice dt.10.08.2015 to all the Opposite Parties calling upon them to return of booking amount of Rs.5,25,000/- along with interest at the rate of 15%  p.a. within 15 days of receipt of the notice.  The said legal notice has been received by the Opposite Parties and they sent a reply notice dt.26.10.2015.  In the said reply notice, the Opposite Parties have admitted having received Rs.5,25,000/- as booking amount.  The Opposite Parties have also agreed to refund the said amount within 60 days of their notice.  But they refused to pay any interest.  It is further submitted that the Complainant has approached the Opposite Parties after the receipt of the said reply notice deficiency in service.02.11.2015.  The Complainant insisted that the interest should paid to him “since the Opposite Parties have withheld the amount paid by him as booking amount” for almost 4 years without any valid reason.  Hence, this complaint.

            3.         Even though notice was served on the Opposite Parties, the Opposite Parties fails to put their appearance, hence placed them exparte.

4.         In support of the complaint, the complainant has filed his affidavit by way of evidence.  Heard the arguments of the Complainant.

5.         Now the points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties?
2. If so, to what relief the Complainant is entitled?

6.         Our findings on the above points are:-

                        POINT (1):-  Affirmative

                        POINT (2):-As per the final Order

REASONS

7.         POINT NO. 1:-         On perusing the pleadings along with documents produced by the Complainant, it reveals that the Complainant working as technical director with M/s DIONEX INDIA at Mumbai.  The Complainant hails from Karnataka and his intention to purchase the residential property at Bangalore and settling in Bangalore after his retirement.  Hence, he was looking for suitable property to purchase at Bangalore.  The 1^st Opposite Party is a reputed real estate company dealing with construction of apartments and houses at Bangalore.  Having satisfied with the reputation of the 1^st Opposite Party, the Complainant contacted the 1^st Opposite Party through the 3^rd Opposite Party the Complainant received final quotation dt.22.10.2010 from the 1^st Opposite Party in respect to the property named “TATTVA SARAS” to be constructed at 7^th Cross Road, Koramangala 3^rd Block, Bangalore.  As per the discussions with the 3^rd Opposite Party, the Complainant transferred an amount of Rs.5,25,000/- in the name of the 1^st Opposite Party to the Account No. CAPUB-68 Branch, Saraswathi Co-operative Bank Ltd., Koramangala, Bangalore.  IFSC Code-SVCB0000222 on 03.10.2011 through bankers M/s New India Co-operative Bank Ltd., Thane, Mumbai.  The Complainant has produced the document.  The Complainant after his retirement from the job in the month of March 2012, shifted to Bangalore in the month of May 2012 to settle permanently at Bangalore.  The Complainant was in touch with one Mrs.Aishwarya who was working with 1^st Opposite Party and also met the said Mrs.Aishwarya twice in the year 2012 and later he came to know through her that as per the pople were not ready to invest in the said project and they are planning to cancel the said project.  Finally Complainant got a call from the 3^rd Opposite Party on 14.02.2013 regarding the cancellation of the said project and the 3^rd Opposite Party assured the Complainant that the money paid by him as booking amount could be returned with a fortnight along with interest.  But the Complainant did not received any refund the booking amount and further the Complainant sent a email to one Mrs. Mona who was working with 1^st Opposite Party on 01.09.2013 requesting for refund of booking amount along with interest at the earliest.  Further, the Complainant met the 3^rd Opposite Party in the month November 2014 and requested to arrange for refunding of booking amount.  Even though the 3^rd Opposite Party promised to arrange for refund of booking amount at the earliest, but till today the said amount has not be returned to Complainant.  On 10.08.2015 the Complainant sent a legal notice to all the Opposite Parties calling upon them to return the booking amount of Rs.5,25,000/- along with interest at the rate of 15% p.a.  The said legal notice have been received by the Opposite Parties and they send a reply notice dt.26.10.2015.  In the said reply notice, the Opposite Parties have admitted having received Rs.5,25,000/- as booking amount towards the property and the Opposite Parties have agreed to refund the said amount within 60 days of this notice.  But they refused to pay any interest towards the amount held by them all these years.  The said notice is produced by the Complainant.  The Complainant has approached the Opposite Parties after the receipt of the said reply notice dt.02.11.2015.  The Complainant insisted that the interest should be paid to him.  Since the Opposite Parties have withheld the amount paid by the Complainant as booking amount for almost 4 years without any valid reason, thereby, it amounts to deficiency in service on the part of the Opposite Parties.  Hence, this point is held in the affirmative.

8.         POINT NO.2:-          In view of the finding on Point No.1, we proceed to pass the following;

ORDER

The Complaint is allowed holding that there is deficiency in service by the Opposite Parties.  The Opposite Parties are directed to refund a sum of Rs.5,25,000/- to the Complainant along with interest at 15% p.a. from the date of payment, till the date of this Order.  The Opposite Parties are further directed to pay a sum of Rs.50,000/- as compensation and Rs.5,000/- as costs of this litigation to the Complainant.  The Opposite Parties are granted 45 days time from this date to comply this Order. 

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 21^st day of April 2016).

       MEMBER                                                                               MEMBER

CC. NO.1935/2015

LIST OF WITNESSES AND DOCUMENTS

Witnesses not examined, but affidavit of the witnesses is filed, as follows;

1. Sri Parimal Hanmanth Katti has filed his affidavit for Complainant.
2. Opposite Party placed exparte.

List of documents filed by the Complainant :

1. Final quotation by the 1^st Opposite Party.
2. Price List for TATTVA SARAS Condo A Property.
3. Customer copy of the payment made by the Complainant to the 1^st Opposite Party.
4. Email correspondence of the Complainant with the Opposite Party.
5. Legal Notice dt.10.08.2015 by the Complainant.
6. Reply notice dt.26.10.2015 by the Opposite Parties.

List of documents filed by the Opposite Parties :

MEMBER                                                                               MEMBER