IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 168/09 DATED 17.06.2009<br /> <br /> ORDER<br /> <br /> Complainant Raghunandan, <br /> S/o Rangaswamaiah, No.352, 8th Main, 4th Cross, B.T.M. 2nd Stage, Mico Layout, Bangalore.<br /> (By Sri.K.P.Sreekanth Achar, Advocate)<br /> <br /> Vs. <br /> Opposite Party Syed Nizam Ali, S/o Late Tahar Ali, Managing Director, M/s Mysroe Home Developers (P) Ltd., No.545, 2nd Stage, Main Road, Rajiv Nagar, Mysore-570019.<br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 08.05.2009<br /> Date of appearance of O.P. : -<br /> Date of order : 17.06.2009<br /> Duration of Proceeding : -<br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the complainant who has come up with this complaint against the opposite party in brief is, that the opposite party is a developer developing housing sites at Lingabudi village, Mysore Taluk proposed to form a layout called Rajajinagar. That he was made to apply for allotment of a site measuring 30’ x 40’ at the rate of 350 per sq.ft. and he paid a sum of rs.1,59,000/- towards the first installment and got an agreement executed on 24.05.2007. But, the opposite party who promised to develop the layout and deliver possession of the site as per the terms of the agreement has failed to perform his part of contract and therefore he demanded and got issued legal notice dated 16.04.2009 for refund of his money. But, the opposite party has not refunded his money and therefore has prayed for a direction to the opposite party to refund his money with interest.<br /> 2. The opposite party who have been duly served with the notice of this complaint has remained absent, is therefore placed exparte.<br /> 3. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence and produced the agreement he has entered into with the opposite party, which evidences payment of first installment of Rs.1,59,000/- and conditions of allotment. Heard the counsel for the complainant and perused the records.<br /> 4. On perusal of the complaint averments, contents of the affidavit and the agreement clearly prove that the opposite party had proposed a residential layout offering to allot sites to the interested persons and entered into an agreement on 24.05.2007 with the complainant by receiving a sum of Rs.1,59,000/- towards the first installment promising to complete the layout within one year six months from the date of agreement and to hand over the site to the complainant wit6hin that period with a further condition in the event of any failure by either of the parties in complying the conditions of the agreement is required to pay 15% of the amount paid for default. With this, it is clear that the opposite party who has received Rs.1,59,000/- towards the first installment of the sital value has failed to complete the layout and put the complainant in possession of the site within one year six months from the date of this agreement and therefore for his default as agreed upon by him is liable to pay 15% of the amount he has received from the complainant. Despite his default, the opposite party has either failed or neglected to deliver the site, he had proposed under the agreement or to refund the money with penalty as demanded by the complainant. Therefore, the complainant in our view is entitled for the relief sought for and therefore the complaint is liable to be allowed. With the result, we pass the following order:-<br /> <br /> ORDER<br /> 1. The complaint is allowed.<br /> 2. The opposite party is directed to refund Rs.1,59,000/- with 15% of that amount and interest at 15% p.a. on that total amount from the date of expiry of one year six months within 60 days from the date of this order, failing which he shall pay interest at 18% p.a. from the date of this order till the date of payment. <br /> 3. The opposite party shall also pay cost of rs.2,000/- to the complainant.<br /> 4. Give a copy of this order to both the parties according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 17th June 2009)<br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />