Date of filing : 22.12.2009<br /> Date of Order: 27.12.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 27TH DAY OF DECEMBER 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> COMPLAINT NO: 3036 OF 2009<br /> Miss Mahathi<br /> D/o Sri K.S. Krishna Murthy,<br /> Karupakula hard Ware Stores,<br /> M.G.Road, Chinthamani,<br /> Chikkaballapur District. Complainant<br /> <br /> COMPLAINT NO: 3037 OF 2009<br /> Smt. Vani K.R.<br /> W/o Sri K.S. Ragavendra,<br /> Ragu Hard Ware,<br /> Kolar Road, Chinthamani-563125. <br /> Chikkaballapur District. Complainant<br /> <br /> COMPLAINT NO: 3038 OF 2009<br /> Mr. Ravindra K.C.<br /> S/o Sri K.S. Chandrashekar,<br /> M/s. KSS Marketing Associates,<br /> The Cement Home, <br /> M.G.Road, Chinthamani,<br /> Chikkaballapur District. Complainant<br /> <br /> COMPLAINT NO: 3039 OF 2009<br /> <br /> Miss K.S. Sahana,<br /> D/o SriK.S.Seetharam,<br /> Since Minor duly Rep. her natural father <br /> And guardian Sri K.S. Seetharam,<br /> Rajani Hard Ware, <br /> Bambo Bazaar, Chinthamani,<br /> Chikkaballapur District. Complainant<br /> <br /> COMPLAINT NO: 3040 OF 2009<br /> Mr. Mahesh K.S.<br /> S/o Sri K.S.Krishna Murthy,<br /> Karupakala Hard Ware Stores,<br /> M.G.Road, Chinthamani,<br /> Chikkaballapur District. Complainant<br /> <br /> COMPLAINT NO: 3041 OF 2009<br /> <br /> Mr. Ramesh Babu B.S.<br /> M/s Abakus Pharma (Africa Ltd.,)<br /> Plot No.2, Bombo Road,<br /> P.O Box-31376, Kampla Uganda,<br /> Rep. by its Spl. Power of Attorney Holder<br /> Sri A.R.Ramachandra,<br /> S/o late Amati Ramaswamaiah Setty,<br /> R/at N.R. Extention, Chintamani. Complainant<br /> <br /> COMPLAINT NO: 3042 OF 2009<br /> <br /> Sri K.C. Jethendra,<br /> S/o Sri K.S. Chandrashekar,<br /> M/s. K.S. Sbbarayappa Hard Ware,<br /> Merhants, M.G.Road, Chintamani,<br /> Chikkaballapur District. Complainant<br /> <br /> V/S<br /> 1. M/s. Omkar Estate Pvt., Ltd.,<br /> Builders and Developers,<br /> No.43. 4/22, Temple Road,<br /> Basavanagudi, Bangalore-4.<br /> Rep. byits Jt. Mg.Director, <br /> Sri K.R.Suresh Kumar. <br /> <br /> 2.Sri K.R. Suresh Kumar,<br /> Jt. Mg. Director of M/s. Omkar Estate<br /> Pvt., Ltd., No.16/3, 5/1, South End Road,<br /> Basavanagudi, Bangalore-4.<br /> <br /> 3.Sri Tallam V.Nagraja,<br /> Jt. Mg. Director of M/s. Omkar Estate <br /> Pvt., Ltd., Anugraha Builders & Developers,<br /> 30/13, K.R. Road, Banashankari 2nd Stage,<br /> Basavanagudi, Bangalore-70.<br /> <br /> 4.Sri N.V. Aswathnarayana Setty,<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> Vijay Trading Corporation,<br /> Opp. SBH J.C.Road,<br /> Bangalore.<br /> <br /> 5.Sri S.Shivakumar,<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> Cosmic Infosystems Pvt., Ltd.,<br /> Near Tata Motors,<br /> Lalbagh Road, Bangalore.<br /> <br /> 6. Sri B.K. Subramanyam,<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> Kachi Co Ashwini Silks,<br /> ASC Street, Near Chickpet Circle,<br /> Bangalore.<br /> <br /> 7. Sri D.Venkataratnam,<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> Sri Balaji Saw Mills,<br /> Sree Kanyakaparameshwari Street,<br /> Challakere Road, <br /> Pavagada-561202.<br /> <br /> 8. Sri K.N. Ramaiah,<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> Aishwarya Fancy Stores,<br /> Beside Hopcom, Opp. Ice Café,<br /> 14th Main, 1st Stage, Kumaraswamy Layout,<br /> Basavanagudi, Bangalore-78.<br /> <br /> 9. Mrs. Nasruthunnisa Bahaddur,<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> No.21/1, TCM Rayan Road Cross,<br /> Chalavadipalya, <br /> Bangalore-53.<br /> <br /> 10. Mr. N.V. VAsudeva Setty,<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> Opp to Vinod Talkies,<br /> Near Mandipet, Tumkur. <br /> <br /> 11. Mrs. Prathiba Dilip<br /> Director of M/s. Omkar Estate Pvt., Ltd.,<br /> No.16/3, 5/1, South End Road,<br /> Basavanagudi, Bangalore-4.<br /> <br /> 12. Sri K.S. Hanumanthaiah Setty,<br /> Director of M/s.Omkar Estate Pvt., Ltd.,<br /> No.16/3, 5/1, South End Road,<br /> Basavanagudi, Bangalore-4<br /> <br /> 13. Mrs. Neeral Kishore Kumar,<br /> Director of M/s.Omkar Estate Pvt., Ltd.,<br /> No.30/13, K.R.Road, Banashankari 2nd Stage,<br /> Basavanagudi, Bangalore-70 Opposite parties <br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> These seven complaints are clubbed together for passing common order since, the opposite parties in all the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these seven cases can be conveniently disposed off by passing common order. <br /> 1. The respective complainants have filed complaints under section 12 of the Consumer Protection Act. <br /> 2. The brief facts of the case are that, the complainants became the members of the opposite party company and they have remitted the sital value to the opposite party company for allotment of sites. Several persons have became members of the opposite party and paid the amount for allotment of sites. The opposite party had executed sale deeds to various persons but the opposite party had failed to execute the sale deeds in favour of the complainant even though the complainants have waited for a considerable of long period this amounts to deficiency of service. The complainants got issued legal notice. Therefore, the complainants filed the complaints seeking direction to the opposite parties to execute sale deed and to award compensation and alternatively to refund the amount with present market value of the sites. The amounts paid by the respective complainants are as under:- <br /> Sl.No. Complaint No. Name of the Complainant Refund Amount<br /> 1. No.3036/2009 Miss Mahathi Rs.46,000=00<br /> 2. No.3037/2009 Smt. Vani K.R. Rs.92,000=00<br /> 3. No.3038/2009 Mr. Ravindra K.C. Rs.92,000=00<br /> 4. No.3039/2009 Miss K.S. Sahana Rs.42,000=00<br /> 5. No.3040/2009 Mr. Mahesh K.S. Rs.80,000=00<br /> 6. No.3041/2009 Mr. Ramesh Babu B.S Rs.76,000=00<br /> 7. No.3042/2009 Mr. K.C. Jethendra Rs.92,000=00<br /> <br /> 3. After admitting the complaint notice was issued to the opposite parties. The opposite party No.2, 3 and 10 appeared through their counsels and submitted defense versions. The opposite party No.1,4,5,6,8,9 and 13 remained absent even though served with notice. The opposite party No.2, 3 and 10 submitted the version stating that complaints have been made after 12 years from the date of payment and the complaints are barred by limitation. The opposite parties have admitted that opposite party company offered residential sites to the members. The opposite parties admitted the payments received from the complainants. The opposite parties submitted that the complainants have not paid the full sital value. There is no question of payment of compensation. The opposite party company had incurred heavy loss. Land owners had filed cases against the company and the suits are pending before Aneakal courts and other courts, therefore, the entire land is in dispute. For all the reasons stated above the opposite parties prayed to dismiss the complaint. <br /> 4. The respective parties have filed Affidavit evidence and documents. <br /> 5. Arguments are heard.<br /> 6. The points for consideration are:<br /> 1. Whether the complainants have proved deficiency of service on the part of opposite parties?<br /> 2. Whether the complainants are entitled for refund of amount paid by them? <br /> 3. Whether the complainants are entitled for the compensation?<br /> <br /> REASONS<br /> 7. As regards the complainants became the members of the opposite party company and payments made by them for allotment of sites there is no disputes. The respective complainants have paid amounts to the opposite parties with hope that they may get sites but unfortunately the opposite party company could not take up the project and layout was not formed due to various litigations. The land owners have filed suits against the opposite party company in Anekal courts and other courts. Therefore, the opposite party failed to form the layout and allot the sites to the respective members. So under these circumstances the learned advocate for the complainants submitted that the opposite party may be directed to refund the amount with interest and compensation. The learned advocates for the opposite parties have also submitted that allotment of site is not possible since layout is not formed due to various litigations. The only remedy available is the refund of the amount. Since, sites have not been allotted and sale deeds not executed in favour of the complainants this being a continuing cause of action the question of limitation does not arise. There is no merit in the defense of the opposite party. The complainants can not be considered as barred by time. Therefore, the complainants who have paid their hard earned money with a hope to get sites are definitely entitled for refund of amount with interest. Since, the opposite parties have utilized the amount and failed to fulfill the commitment and obligation as per the brochure. Therefore, they are bound to pay interest and refund amount. The question of grant of compensation does not arise. The interest component will take care off since, we awarding interest on the refund amount. Again the compensation can not be granted. Since, there is no proper proof or evidence before this Fora as to how and in what manner the complainants suffered mental agony, harassment etc., on account of not executing sale deeds. The opposite parties faced with so many litigations and on account of that layout was not formed. Therefore, these are not fit cases to grant compensation to the complainants. The ends of justice will be met in ordering the opposite parties to refund the amounts to the respective complainants with interest at 12% p.a. from the date of respective payment till the date of refund. In the result, I proceed to pass the following:<br /> ORDER<br /> 8 These seven complaints are allowed. The opposite parties No.1 to 13 are jointly and severally directed to refund the following amounts to the respective complainants with interest at 12% p.a. from the date of respective payments till the date of refund / realization. <br /> Sl.No. Complaint No. Name of the Complainant Refund Amount<br /> 1. No.3036/2009 Miss Mahathi Rs.46,000=00<br /> 2. No.3037/2009 Smt. Vani K.R. Rs.92,000=00<br /> 3. No.3038/2009 Mr. Ravindra K.C. Rs.92,000=00<br /> 4. No.3039/2009 Miss K.S. Sahana Rs.42,000=00<br /> 5. No.3040/2009 Mr. Mahesh K.S. Rs.80,000=00<br /> 6. No.3041/2009 Mr. Ramesh Babu B.S Rs.76,000=00<br /> 7. No.3042/2009 Mr. K.C. Jethendra Rs.92,000=00<br /> <br /> The Opposite parties are directed to comply the order within 60 days from the date of this order<br /> 9. The respective complainants are entitled Rs.2,000/- as cost of the present proceeding from the opposite parties. <br /> 10. Send the copy of this Order to both the parties free of cost immediately. <br /> 11. Keep the copy of the order in connected case files. <br /> 12. Pronounced in the Open Forum on this 27TH DAY OF DECEMBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings <br /> <br /> MEMBER MEMBER<br /> <br />