Date of Filing: 28.02.2009<br /> Date of Order: 09.06.2009<br /> <br /> <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> Dated: 09TH DAY OF JUNE 2009<br /> PRESENT<br /> <br /> <br /> <br /> SRI. S.S. NAGARALE, PRESIDENT<br /> SMT. M. YASHODHAMMA, MEMBER <br /> SRI.A.MUNIYAPPA, MEMBER<br /> <br /> <br /> COMPLAINT NO: 502 OF 2009<br /> <br /> S. Raghu<br /> S/o. K. Seenappa<br /> No. 1832/33, 3rd ‘A’ Cross<br /> 2nd Stage, ‘D’ Block<br /> Dr. Rajkumar Road<br /> Rajajinagar, Bangalore 560010 Complainant<br /> <br /> V/S<br /> M/s. Presidency Elite<br /> No. 895/1, “Skanda”<br /> 14th Cross, Mahalakshmi Layout<br /> Bangalore 560 086<br /> Represented by its Partner<br /> V. Bhaskar Reddy Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of the amount paid towards plot.<br /> The facts of the case are that opposite party is a partnership firm carrying on business of developing the land and township. Opposite party entered into agreement with the complainant on 25.01.2008 and allotted plot No. 614 at Dodda Marahalli. The complainant has paid Rs. 2,48,400/- through cheque dated 17.01.2008 drawn on Canara Bank, Wilson Garden Branch, Bangalore. Opposite party has issued cheque on 20.09.2008 drawn on Axis Bank for a sum of Rs. 2,48,000/-. The said cheque returned unpaid with remark ‘insufficient funds’. Opposite party given reply stating that he will pay the amount within January 2009. But so far amount was not paid. Hence, the complaint.<br /> 2. Notice issued to opposite party. Opposite party appeared through counsel and defence version filed admitting that it had issued cheque on 20.09.2008 as security as per the understanding between the parties. The opposite party clearly admitted that he is ready and willing to refund Rs. 2,48,000/- to the complainant.<br /> 3. Arguments are heard.<br /> 4. The point for consideration is:<br /> “Whether the opposite party can be directed to refund the amount with interest?”<br /> <br /> REASONS<br /> 5. Perused the complaint, defence version and documents. The payment of Rs. 2,48,400/- is admitted fact. The opposite party has come forward in the defence version that he is ready and willing to refund Rs. 2,48,400/-. Therefore, as regards refund of the money there is absolutely no dispute. The only point for dispute is what is the rate of interest that can be granted to the complainant with refund amount. The opposite party having received the amount and utilised the same it is the obligation and duty to refund the amount with interest. The learned advocate for the complainant requested that opposite party be directed to refund the amount with interest. Therefore, on the facts and circumstances of the case it is a fit case to direct the opposite party to refund the amount with interest at 12% p.a. In the result I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs. 2,48,400/- to the complainant within 30 days from the date of this order along with 12% interest p.a. on the said amount from 17.01.2008 till payment / realisation.<br /> 7. The complainant is also entitled for Rs. 3,000/- as costs of the present litigation from the opposite party.<br /> 8. Send the copy of this Order to both the parties free of costs immediately as per statutory requirement. <br /> 9. Pronounced in the Open Forum on this 09TH DAY OF JUNE 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT I/c.<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> <br />