Complaint filed on:31-12-2009 <br /> <br /> Disposed on: 24-02-2010<br /> <br /> <br /> <br /> <br /> <br /> BEFORE THE BANGALORE IV ADDITIONAL DISTRICT<br /> <br /> CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE<br /> <br /> URBAN DISTRICT NO.8, SAHAKARA BHAVAN<br /> <br /> CUNNINGHAM ROAD, BANGALORE – 560 052 <br /> <br /> <br /> <br /> COMPLAINT NO:3113/2009<br /> <br /> <br /> <br /> DATED THIS THE 24TH February 2010<br /> <br /> <br /> <br /> PRESENT<br /> <br /> <br /> SRI.D.KRISHNAPPA., PRESIDENT<br /> <br /> <br /> <br /> SRI.GANGANARASAIAH., MEMBER<br /> <br /> <br /> <br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Complainant:<br /> <br /> <br /> <br /> Mr. Manjunath. B.,<br /> <br /> Aged about 42 Years,<br /> <br /> S/O Bangaruswamy,<br /> <br /> R/at No:33/1, 4th Model<br /> <br /> House Street,<br /> <br /> Nagasandara Circle,<br /> <br /> Basavanagudi,<br /> <br /> Bangalore – 560 004.<br /> <br /> <br /> <br /> <br /> <br /> /vs/<br /> <br /> <br /> <br /> <br /> <br /> Opposite party: <br /> <br /> <br /> <br /> M/S Krupa Developers,<br /> <br /> No:820, RNS Reddy Complex,<br /> <br /> 2nd Floor, 14th Cross,<br /> <br /> Kanakapura Main Road,<br /> <br /> Jayanagar 7th Block,<br /> <br /> Bangalore – 560 070.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> <br /> <br /> SMT. ANITA SHIVAKUMAR. K. MEMBER<br /> <br /> <br /> The brief grievance of the complainant is that complainant had accepted the offer of a site bearing No:98 measuring 30’ X 40’ in the layout formed by OP developer. As agreed by both parties entered into an agreement dtd:16/10/2008 for the total sale consideration of Rs.4,80,000/- and the complainant had paid a sum of Rs.1,90,000/- as an advance amount to the OP. As according to an agreement and assurances given by OP, OP was supposed to handover the said vacant property within 3 months from the date of agreement. But OP failed to do so and after lapse of 7 months OP sent a demand letter dated 05/05/2009 to the complainant for payment of 20% of total sale consideration through sending a letter. In the reply letter sent by the complainant dtd: 15/05/2009 and 18/05/2009 to OP stated that complainant had lost hopes on assurance of OP and requested to refund his advance amount along with 18% interest. OP didn’t reply to the said letters of complainant. Complainant personally visited OP and requested to repay the given amount. OP neither registered the sale deed nor refunded his amount. Finally, complainant approached this forum to seek relief to his grievance and also prays to direct to refund Rs.1,90,000/- with 18% p.a. interest, Rs.1,00,000/- compensation for mental agony and cost.<br /> <br /> <br /> <br /> Notice sent to the OP, is returned with postal shara of “ information delivered ”. It is considered as served. OP was absent on the date of appearance. Hence, OP placed exparte.<br /> <br /> <br /> <br /> In the course of enquiry, complainant filed his evidence by way of affidavit, reiterating as stated in the complainant. Heard <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> arguments of complainant, who was in person and perused the records.<br /> <br /> <br /> <br /> On the above materials, following points for determination arise. <br /> <br /> <br /> <br /> 1. Whether the complainant proves that the Op has caused deficiency in his service in not, registered the sale deed?. <br /> <br /> 2. To what relief the complainant is entitled to?<br /> <br /> <br /> <br /> Our findings are as under:<br /> <br /> <br /> <br /> Answer on point No:1 In the affirmative<br /> <br /> Answer on Point No:2 To see the final order.<br /> <br /> <br /> <br /> REASONS:<br /> <br /> <br /> <br /> <br /> <br /> Answer on point No:1 Both complainant and OP entered into an agreement of sales dated 16/10/2008 it was agreed between both the parties that total sale consideration of Rs.4,80,000/- towards the site bearing No:98 to be developed by OP. Complainant had paid Rs.1,90,000/- as an advance amount. OP also agreed to provide said property within 3 months from the date of agreement. Complainant submitted that OP not come forward to perform his part of contact as agreed. After several request made by complainant after 7 months, OP sent a letter dated 05/05/2009 asking to pay 20% of total consideration.<br /> <br /> <br /> <br /> OP has not kept his assurance to act despite the letters dated 15/05/2009 and 18/05/2009. Complainant asked OP to refund his advance amount along with 18% interest. OP has not replied to complainant’s written requests and also not refunded his amount.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Op agreed to hand over a site within agreed time, but he has neither handed over the vacant property nor refunded the amount to the complainant which amounts to deficiency in service. Therefore, we are of the view that OP is liable to compensate the complainant by repaying his amount.<br /> <br /> <br /> <br /> The OP inspite of opportunity given to him has remained absent. We do not find any reason to disbelieve the claim of the complainant. Hence we pass the following order.<br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> <br /> <br /> OP is directed to pay Rs.1,90,000/- @ 18% p.a. to the complainant from the date of his payment till the date of realization. OP shall pay this amount within 45 days from this order.<br /> <br /> <br /> <br /> Op shall pay cost of Rs.1000/- to the complainant.<br /> <br /> <br /> <br /> <br /> <br /> Dictated to the Stenographer, Got it transcribed and corrected. Pronounced in the Open Forum on this the 24th February 2010.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br />