COMPLAINTS FILED ON:30.04.2012

DISPOSED ON:30.06.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

30^th DAY OF JUNE 2012

  PRESENT:-  SRI. B.S. REDDY                    PRESIDENT

                      SRI.A.MUNIYAPPA                     MEMBER               

COMPLAINT Nos.889/2012, 890/2012 & 891/2012

COMMON ORDER

SRI. B.S.REDDY, PRESIDENT

These complaints Under Section-12 of the Consumer Protection Act, 1986 by the respective complainants are for a direction to the Ops to refund the initial sale consideration of Rs.50,000/- paid with interest at 18% p.a. and compensation of Rs.2,50,000/- on the allegation of deficiency in service.

2. Since Ops are common in these complaints, the questions involved and the relief’s claimed being similar, in order to avoid the repetition of facts and multiplicity of reasoning’s these complaints are stand disposed of by this common order.

3. In spite of service of notice, Ops failed to appear without any justifiable cause, hence placed ex-parte.

 4.The complainants in order to substantiate complaint averments, each of these complainants filed affidavit evidence. 

5. Arguments from complainant’s side heard,

6.We have gone through the complaint averments, the documents produced and affidavit evidence of complainants.   On the basis of these materials, it becomes clear that the Ops gave vide publicity calling upon the public to book sites in their approved residential layout called “CELESTAL HOMES” situated at Vaderahalli Village, Harohalli Hobli, Kanakapura Taluk.   In response to the said publicity, these complainants submitted applications and booked sites by paying initial sale consideration of Rs.50,000/- each.   Ops issued the receipts acknowledging the receipt of the amounts.    After receipt of the initial sale consideration, Ops neither allotted the sites nor refunded the amounts.   When these complaints visited the spot to know the progress of the layout they came to know that the Ops have not at all formed the layout and they have also not obtained the approval of the layout plan from the Competent Planning Authority i.e., BMRDA.   Thus the complainants issued letters demanding for refund of the amount for which Ops have sent a reply.   The act of Ops neither forming any layout nor refunding the amount received towards initial sale consideration from these complainants amounts to deficiency in service.

7. The complainant in complaint No.889/2012 has booked site No.71 measuring 1200 sq ft and paid the initial sale consideration of Rs.50,000/- on 03.02.2011.   The complainant in complaint No.890/2012 has booked site No.54 measuring 1200 sq ft and paid initial sale consideration of Rs.50,000/- on 15.12.2010.  The complainant in complaint No.891/2012 has booked site No.190 measuring 1200 sq ft and paid initial sale consideration of Rs.50,000/- on 01.07.2011.

8  There is no reason to disbelieve the unchallenged affidavit evidence of these complainants and documents produced.   The very fact of Ops remaining ex-parte leads to draw an inference that Ops are admitting the claim of these complainants.   Under these circumstances, we are of the view that the complainants are entitled for refund of the amounts with interest at 18% p.a. by way of compensation along with litigation cost of Rs.2,000/- each.     Accordingly, we proceed to pass the following:

O R D E R

        These complaints filed by the complainants are allowed in part.

Ops are directed to refund an amount of Rs.50,000/- to each of these complainants with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation costs of Rs.2,000/- to each of these  complainants.

This order is to be complied within four weeks from the date of its communication.

This original order shall be kept in the file of the complaint No.889/2012 and a copy of it shall be placed in other connected files.

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 30^th day of JUNE-2012.)

MEMBER                                               PRESIDENT

Cs.