O R D E R<br /> <br /> <br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> Brief facts of the complaint filed by the complainant are, that the Op is carrying business of forming layouts and for the reason complainant was contacted over phone by Op that they are forming a layout in the shidlagatta taluk of Chikkaballapur district and Complainant was requested to purchase a site in the proposed layout. As per the interest shown by the complainant, Op sent a representative of their firm to contact the complainant to convince about the layout on 12/5/2009. After going through the details of layout and layout plan exhibited by Op, complainant shown her interest to buy a corner site no:88 which was measuring 2,000 sq.ft. The representative informed her regarding the total sale consideration of the said site was Rs.4,40,000/- and he also informed, that very few corner sites are available she will get corner site if she booked immediately. Accepting offer of OP, she had paid advance of Rs.1, 00,000/- by way of cheque bearing no.308848 dated 12/5/2009 for that Op had issued receipt bearing no.141 dated 12/5/2009. Op representative informed, that within a month, the site wiil be registered in the name of complainant. Op did not come forward to register the site though after lapse of 2-3 months from the date of payment of advance amount. Complainant had requested several times over phone regarding execution of sale deed. Op did not respond and complainant suspected the transaction and some foul play. Complainant had issued legal notice to Op calling upon to refund the paid amount with interest and compensation, dated 01/12/2009. Op neither replied to the notice nor refunded the amount. Hence, complainant seeking relief from the forum for direction to Op to refund amount of Rs.1,00,000/- with interest @ 18% p.a and compensation, which is in total of Rs.1,39,000/- <br /> <br /> Notice sent to OP through RPAD was duly served on the OP. Op remained absent. Hence, he is placed ex-parte. <br /> <br /> In the course of enquiry, complainant filed her evidence by way of affidavit, reiterating what is stated in the complaint. The complainant along with the complaint has produced the copy of the application form and layout plan, copy of the receipt for having paid towards advance, copy of the legal notice sent to Op, copy of the postal acknowledgements. Heard arguments of counsel for complainant and perused the records.<br /> <br /> On perusal of material records produced by complainant, she had paid advance amount of Rs.1,00,000/- out of Rs.4,40,000/- towards booking a corner site no.88 in the Op’s layout on 12/5/2009. She issued a cheque bearing no:308848 and Op had issued receipt for the same. Op had promised her to register the said site within a month from that day i.e from 12.5.2009. But Op hasn’t kept up his promises though the complainant requested Op regarding registration, Op didn’t bother. OP didn’t reply to the complainant though Complainant had issued legal notice to the Op on 2/12/2009 which was served on them. The complainant was called upon to refund her amount with interest and compensation. In spite of it, Op neither replied nor refunded her money back. <br /> Op when failed to keep up his assurances to allot a site despite receipt of advance money it amounts to unfair trade practice and is supposed to refund her amount when she came forward to withdraw her booking and demanded to refund. Without any development in the layout and non-refund of money to the complainant amounts to deficiency in service. Therefore, under those circumstances complainant opted for refund of her money which cannot be denied. OP is liable to compensate the complainant by repaying her amount with interest from the date of her demand. <br /> <br /> The OP in spite of opportunity given to him has remained absent. We do not find any reason to disbelieve the claims of the complainant. Hence, we pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is allowed.<br /> <br /> Op is directed to re-pay Rs.1,00,000/- to the complainant within 30 days from the date of this order. <br /> <br /> Op is directed to pay interest @ 18% p.a from the date of payment till it is refunded and that Op shall pay this amount with interest within 60 days from the date of this receipt of this order.<br /> <br /> Op is directed to pay Rs.2,000/- towards cost.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 07th July 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />