COMPLAINTS FILED ON:20.01.2012
DISPOSED ON:23.04.2012.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
23rd DAY OF APRIL-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.137/2012
Complainant | Smt.C.G.Guneshwari W/o K.Gadigappa, No.MUCEB 26, Behind KPTCL Community Hall Quarters, Hadadi Road, Near Stadium, Davanagere-577 004. Adv:Sri.B.Vasantha Kumar. V/s |
OPPOSITE PARTY/S | 1. M/s Presidency Elite Represented by its Partner V.Bhaskar Reddy, No.895/1, 14th Cross, Mahalakshmi Layout, Bangalore-560 086. 2. V.Bhaskar Reddy, Partner, M/s Presidency Elite, No.1, 4th Main, Kuvempunagar, Doddakallasandra, Bangalore. 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, 1986 seeking direction against the Opposite Parties (herein after called as O.Ps) to refund balance amount of Rs.3,42,620/- with interest at 24% p.a. and to pay damages on the allegations of deficiency in service.
2. Ops were served notice by intimation delivered, but Ops failed to appear without any justifiable cause, hence placed ex-parte.
3. The complainant filed affidavit evidence to substantiate complaint averments and produced documents.
4. Arguments from complainant’s side heard.
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 the Marketing Manager of Op1 persuaded the complainant to buy a site measuring 2400 sq.ft in the layout called “Presidency Elite” at Doddamarahalli, Yelluvahally Varamallnahalli, Nandi Hobli, Chikkaballapura Taluk at the rate of Rs.510/- per sq.ft. Accordingly the complainant has deposited with OP sum of Rs.4,08,000/- by way of cheque and cash in between 19.02.2007 to 13.03.2008. Ops executed an agreement in favour of the complainant on 19.03.2008 incorporating the terms and conditions of the allotment of site. Ops failed to form the layout and allot the site as promised. The complainant demanded for refund of the amount. Ops in their letter dt.26.02.2010 under took to refund the amount by the end of August-2010. In spite of such an undertaking Ops failed to refund the amount. Ops refunded only Rs.65,380/- through D.D.dt.05.01.2011 for Rs.24,580/- and another D.D.dt.05.02.2011 for Rs.40,800/-. Ops failed to refund the balance amount of Rs.3,42,620/-. When Ops were not in a position to form the layout and allot the site it would have been fair enough on their part to refund the amount. The act of Ops neither forming the layout and allotting the site nor refunding the amount with interest amounts to deficiency in service on the part of the Ops.
7. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. The very fact of Ops remaining ex-parte leads to draw inference that Ops are admitting the claim of the complainant. Under these circumstances, we are of the view that the complainant is entitled for the refund of the amount claimed with interest at 18% p.a. by way of compensation from the respective date of payments, till the date of realization and along with litigation cost 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.3,42,620/-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 23rd day of APRIL-2012.)
MEMBER PRESIDENT
Cs.
