Date of filing : 15.09.2010<br /> Date of Order: 28.10.2010<br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 28TH DAY OF OCTOBER 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2116 OF 2010<br /> <br /> Mr. P.Nrendra Gupta,<br /> S/o P.Subramanyam,<br /> R/at No.8, Ground Floor,<br /> 4th Cross, Sree Ramappa Layout,<br /> Tavarekere, Bangalore-29. Complainant<br /> <br /> <br /> COMPLAINT NO: 2117 OF 2010<br /> <br /> Mr. C.Pradeep Kumar,<br /> S/o Sathyanarayana<br /> R/at No.1-26, Vani Street,<br /> Ananthapur District,<br /> Andhrapradesh, Kadiri-515591. Complainant<br /> <br /> V/S<br /> <br /> <br /> M/s. Shiviri Properties Pvt., Ltd.,<br /> Regd. Off at No.1/1,<br /> KGE Layout, 2nd Cross,<br /> 4th Main, RMV 2nd Stage, <br /> Sanjayanagar 2nd Block,<br /> Bangalore-94.<br /> Rep. by its MD Mr.R.Keshava Murthy Opposite party<br /> <br /> <br /> <br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing common order since, the opposite parties in both the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these two cases can be conveniently disposed off by passing common order. <br /> 1. The respective complainants have filed complaints under section 12 of the Consumer Protection Act. <br /> 2. The brief facts of the case are that, the opposite party is a Pvt. limited company, invited applications from the public for the residential sites to be allotted in the layout called “Shiviri Jasmine”. The complainants have paid Rs.2,00,000/- as initial advance amount to the opposite party. The opposite party executed an agreement of sale. The opposite party has issued receipts after receiving the advance amount of Rs.2,00,000/- from the respective complainants. The opposite party fails to execute sale deed in spite of several request and demand. The opposite party had committed deficiency of service in not forming layout and committed breach of promise and agreement. Therefore, the complainants have prayed for refund of advance amount with interest and compensation. <br /> 3. After admitting the complaint the notice was sent to the opposite party. Notices in both the cases were served. The opposite party has not appeared before this Fora, therefore the opposite party has placed ex-parte. Both the complainants have filed affidavit evidence and documents. Peruse the documents and evidence. The complainants have produced agreement of sale executed by the opposite party. The brochure published by the opposite party is also produced. The copy of legal notice is also produced. By the documentary evidence and affidavit it is clear that the respective complainants have paid Rs.2,00,000/- to the opposite party. It is unfortunate that the opposite party failed to fulfill the obligation and commitment. The opposite party has not formed layout as per promise. Therefore, the opposite party has committed deficiency in service. The cases put up by the complainants have gone unchallenged. The opposite party for the best reasons known to him has not appeared before this Fora. Thereby the opposite party has admitted the case. The case of the complainants shall have to be accepted and they are definitely entitled for the relief of refund of amount with interest. The complainants having paid Rs.2,00,000/- as advance amount to the opposite party with a fond hope that they may get sites, but the opposite party committed breach of agreement and fail to allot the sites. Therefore, the complainants are definitely entitled for the refund of amount with interest. In the result, I proceed to pass the following:- <br /> ORDER<br /> 4. Both the complaints are allowed. The opposite party is directed to refund Rs.2,00,000/- to the complainant Mr.P.Naranedra Gupta in C.C.No.2116/2010 along with interest at 18% p.a. on that amount from 16-2-2008 till the date of refund / realization. The opposite party is directed to refund Rs.2,00,000/- to the complainant Mr. C.Pradeepkumar in C.C. No.2117/2010 along with interest at 18% p.a. from 9-5-2008 till the date of refund / realization The opposite party is directed to comply the above order within 30 days from the date of this order. <br /> 5. The complainants are entitled Rs.2,000/- each as cost of the present proceedings from the opposite party. <br /> 6. Keep the copy of the order in connected file. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 28TH DAY OF OCTOBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> <br /> MEMBER MEMBER<br />