COMPLAINTS FILED ON:25.02.2012

DISPOSED ON:23.04.2012.

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

23^rd DAY OF APRIL-2012

  PRESENT:-  SRI. B.S. REDDY                     PRESIDENT       

                      SRI.A.MUNIYAPPA                      MEMBER              

COMPLAINT Nos.433/2012

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainants filed this complaint Under Section-12 of the Consumer Protection Act, 1986 seeking direction against the Opposite Party (herein after called as O.P) to execute the sale deed in respect of site bearing No.39/1 formed in ‘SHIVIRI JASMINE’ Phase-I, situated at Hirandalli Village Bangalore East Taluk or to give any other alternative site or to refund an amount of Rs.2,00,000/- with interest at 18% p.a. and to pay compensation of Rs.2,00,000/- on the allegations of deficiency in service on the part of the OP.

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

3. In order to substantiate complaint averments, complainant No.1 filed affidavit evidence.

4. Arguments from complainant’s side heard.

5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant No.1. On the basis of these materials it becomes clear that the OP is a Private Limited Company carrying on business in formation of the layout and allotting the sites to its members. Op proposed to develop a residential layout known as “SHIVIRI JASMINE”,           Phase-I, situated at Hirandalli Village, Bangalore East Taluk and invited applications from interested persons to becomes its members. Both these complainants being the husband and wife became the members of the OP on 30.03.2008 and paid an amount of Rs.2,00,000/- as initial advance sale consideration for the site to be allotted bearing No.361 measuring 60 X 40 feet. The said amount was paid through cheque on 30.03.2008. Ops issued the receipt acknowledging the receipt of the said amount.   OP has executed agreement of sale on 21.04.2008 in respect of site No.361. As per the terms of the agreement, OP agreed to execute the sale deed on or before 30.07.2008. Ops failed to form any layout and allot the site as assured hence the complainants demanded for refund of the amount. OP failed to comply the demand. The legal notice was issued on 30.01.2012 but the notice was returned un-served as not claimed. The act of OP neither forming any layout and allotting the site nor refunding the amount, amounts to deficiency in service on its part. The very fact of Op remaining ex-parte leads to draw inference that Op is admitting the claim of the complainants.

6. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant No.1 and documents produced. Under these circumstances, we are of the view that the complainants are entitled for refund of the amount paid as initial sale consideration.  There is no material to show that Op has formed any layout to direct to allot the site in favour of the complainants. The complainants are entitled for refund of the amount with interest at 18% p.a. by way of compensation, 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 complainants is allowed in part.

Op is directed to refund an amount of Rs.2,00,000/- with interest at 18% p.a. from 30.03.2008, till the date of realization and pay litigation cost of Rs.2,000/- to the complainants.

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 23^rd day of APRIL-2012.)

MEMBER                                               PRESIDENT

Cs.