COMPLAINTS FILED ON:25.01.2012

DISPOSED ON:29.05.2012  

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

  29^th DAY OF MAY 2012

  PRESENT:-  SRI. B.S. REDDY                    PRESIDENT

                      SRI.A.MUNIYAPPA                     MEMBER               

COMPLAINT Nos. 171, 175, 176, 177,

                              178 & 179/2012

COMMON ORDER

SRI. B.S.REDDY, PRESIDENT

These complaints are filed U/s. 12 of the Consumer Protection Act of 1986, by the respective complainants through their General Power of Attorney Holder seeking direction against the Opposite Parties (herein after called as O.Ps) to refund the advance amount paid towards sital deposit with interest at 24% p.a. and compensation along with litigation costs on the allegation of deficiency in service.

2.   In spite of service of notice, Ops failed to appear, hence placed ex-parte.

3.   The Directors of Ops are common in these cases, though the projects are different,  the questions involved and the relief’s claimed being similar, in order to avoid the repetition of facts and multiplicity of reasoning’s all these complaints are stand disposed of by this common order.

4.   The complainants in order to substantiate complaint averments got filed affidavits of the General Power of Attorney Holder.

5.   Arguments from complainant’s side heard.

6.We have gone through the complaint averments, the documents produced and affidavit evidence of the Power of Attorney Holder of the complainants.    On the basis of these materials, it becomes clear that these Ops being engaged in the development of residential layouts in and around Bangalore widely published about the various projects of formation of layouts and allotting the sites.    The proposed layouts are at Hosakerihalli, Uttarahalli Hobli, BSK, III Stage, Bangalore South-85. Huyilal Village, Ellaville Hobbles, Mysore Taluk, Mysore District. “Royal County”, Aishwarya Projects residential layout called M/s ‘Aerozonaa’ at Thattamachanahalli Amanikere Village, Bulluhalli Village and Venkatagirikote Village, Vijayapura Hobli, Devanahalli Taluk, Bangalore Rural District.   The complainants being lured away by the wide advertisements, broachers issued booked the sites by paying the part of the sale consideration and Ops have executed the sale agreement deeds and receipts.   The details of the payments made by each of the complainants are as under.

Even though the Ops have received substantial amount of sale consideration from these complainants but no efforts made to form any layout and allot the sites.   The complainants came to know that the Ops utilized the amount received from these complainants for the purchase of Agricultural lands but no efforts made to get the conversion of the said lands and formation of any layouts.   Ultimately, the complainants got issued legal notices to Ops demanding to allot the sites or to refund the amounts with interest but the notices were returned unserved as left.    When Ops were not able to form any layout and allot the sites it would have been fair enough on their part to refund the amounts received from these complainants.    The act of Ops neither forming any layouts and allotting the sites nor refunding the amount received amounts to deficiency in service on their part.   There is no reason to disbelieve the unchallenged affidavit evidence of the GPA Holder of the complainants, the documents produced.   The very fact of Ops remaining ex-parte leads to draw inference that Ops are admitting the claim of the complainants.   Taking into consideration of all the facts and circumstances and Ops having utilized the amount received from these complainants, the complainants are entitled for refund of the amount paid 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

        The complaints filed by the complainants are allowed in part.

In complaint No.171/2012 Ops are directed to refund an amount of Rs.2,47,000/- with interest at 18% p.a. from 03/12/2004 till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.175/2012 Ops are directed to refund an amount of Rs.9,00,000/- with interest at 18% p.a. from the date of respective payments, till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.176/2012 Ops are directed to refund an amount of Rs.9,00,000/- with interest at 18% p.a. from 22.04.2006 till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.177/2012 Ops are directed to refund an amount of Rs.10,75,000/- with interest at 18% p.a. from 19.08.2004 till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.178/2012 Ops are directed to refund an amount of Rs.9,00,000/- with interest at 18% p.a. from 08.12.2007 till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.179/2012 Ops are directed to refund an amount of Rs.5,00,000/- with interest at 18% p.a. from 19.08.2004 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.

This original order shall be kept in the file of the complaint No.171/2012 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 29^th day of MAY-2012.)

MEMBER                                               PRESIDENT

Cs.