COMPLAINT FILED: 03.12.2011
DISPOSED ON: 28.02.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
28th DAY OF FEBRUARY 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO. 2194/2011
Complainant | Sri. Muralidhar S. Shanbhogue, S/o. Late I. Sreenivasa Shanbhogue, Aged about 44 years, R/at No. S-2, Abhishree Apartment, No. 194, Canara Bank Colony, 1st Cross, Nagarbhavi Main Road, Bangalore – 72. Adv: Sri. Shiva Kumar. P V/s. |
OPPOSITE PARTY | M/s. My County, A registered Parternship Firm, Having its Office at: No. 895/1, ‘SKANDA’ 14th Cross, Mahalakshmi Layout, Bangalore – 560 086. Represented by its Partner Sri. B. Bhaskar Reddy. Now at: No.1, “Shreshta” I Main, Kuvempunagar, Doddakalasandra, Kanakapura Road, Bangalore – 62. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY, PRESIDENT
The complainant filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against OPs to refund an amount of Rs.5,00,000/- with an appreciation of Rs.50/- per sq. feet and to pay interest from 23.11.2006 along with compensation on the allegation of deficiency in service.
2. In spite of service of notice, OPs failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, the complainant filed affidavit evidence and produced original documents.
4. Heard arguments from complainant’s side.
5. We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that OP being a land developer widely made publicity by issuing brochures stating that a layout called ‘My County’ at Chikka Hullur Village, Kasaba Hobli, Hoskote Taluk, Bangalore Rural District is proposed to be formed and the persons interested in purchasing the sites may apply for the said layout. The complainant believing the advertisements booked two sites in the said layout and paid an amount of Rs.2,50,000/- for each site and the total amount paid is Rs.5,00,000/-. The Plot No.791 and 1040 were proposed to be allotted to the complainant in the said layout. OP has issued the receipt acknowledging the receipt of the said amount and also agreement deeds dated 05.12.2006 incorporating the terms and conditions. There is a buy-back offer in the said agreement itself, wherein OP has undertaken to buy-back the sites with appreciation of Rs.50/- per sq. feet on the booking amount of Rs.150/- per sq. feet after 6 months from the date of receipt of the amount. However the buy-back scheme cannot be enforced through the complaint filed under the provisions of Consumer Protection Act as the person claiming such a relief would not be a ‘Consumer’ under the Act as it would be only a profit making transaction. OP failed to fulfill the obligation by forming the layout and allotting the sites for which the initial sale consideration was received. The legal notice dated 10.10.2011 was issued to the OP, but the same was returned unserved. When OP was not able to form any layout by acquiring any land and allot the sites to the complainant, it would have been fair enough on the part of the OP to refund the initial sale consideration received. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of OP remaining ex-parte leads to draw inference that OP is admitting the claim of the complainant. The act of OP in not forming any layout and allotting the site nor refunding the amount received amounts to deficiency in service. The complainant is entitled for refund of the amount with interest at 18% p.a. by way of compensation from the date of respective payments till the date of realization along with litigation costs of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OP is directed to refund an amount of Rs.5,00,000/- with interest at 18% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
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 28th day of FEBRUARY 2012.)
MEMBER PRESIDENT
Png.
