COMPLAINT FILED:03.10.2011
DISPOSED ON:21.01.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
21st DAY OF JANUARY 2012
PRESENT :-SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.1848/2011
Complainant | Mr.Debajyoti Mohanty S/o Sukadev Mohanty, Aged about 34 years, R/at. #006/B, Harsha Pride, Balaji Layout, Kaggadasapura, C.V.Raman Nagar (Post), Bangalore-560 093. Adv:Sri.S.K.Shivakumar V/s. |
OPPOSITE PARTY | M/s Shiviri Property’s Pvt.,Ltd., Represented by its Managing Director, Mr.R.Keshava Murty, Presently carrying Business at No.136, 3rd Floor, SLV Arcade, (Above Allahabad Bank), 1st “K” Block, Dr.Rajkumar Road, Rajajinagar, Bangalore-560 010. 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 of 1986 seeking direction against Op to refund an amount of Rs.3,07,500/- and pay compensation of Rs.1,50,000/- on the allegation of deficiency in service on the part of the Op.
2. The complainant had taken notice to OP by hand; OP refused to receive the notice. Memo was filed by the complainant. The service was held sufficient OP was placed ex-parte.
3.In order to substantiate complaint averments, the complainant filed affidavit evidence.
4. Arguments on the complainant’s side heard.
5.We have gone through the complaint averments, the documents produced and the affidavit evidence of the complainant. On the basis of these materials, it becomes clear that OP being a Private Limited Company, represented by its’ Managing Director is engaged in forming the layouts. OP had proposed to form a layout called as “SHIVIRI JASMINE” Phase-I, situated at Hirandalli Village in Sy.No.39/1 and sub-numbers of Bidarahalli Hobli, Bangalore East Taluk and invited applications from interested persons to become its members. After verifying and seeing the website, the complainant applied for the sites in the proposed layout on 15.06.2008 and became member of OP. An amount of Rs.3,07,500/- was paid by the complainant to the Managing Director of OP-Company R.Keshavamurthy through cheques dt.15.06.2008, 20,06,2008 and 15.07.2008 drawn on HDFCBank, Salco Centre, Richmond Road, Bangalore-25. OP has executed the provisional agreement of sale on 16.06.2008, agreeing to allot the site No.58 measuring 30 X 40 feet at the total cost of Rs.12,30,000/-. OP has also issued the receipt acknowledging the receipt of the said amount. OP promised to execute the sale deed on or before 30.09.2008 but failed to execute the same, in spite of several requests and demands made by the complainant. The complainant has also shown his readiness and willingness to pay the balance amount. OP issued cheque to the complainant to clear the portion of the amount on 31.05.2010. But the said cheque came to be dishonoured on the ground of “funds insufficient”. The complainant got issued legal notice on 12.09.2011 demanding the OP to execute the sale deed or to refund the amount received. The said notice was returned un-served with a shara “left Address”. OP purposefully avoided said notice. The OP is neither executing the sale deed nor refunding the amount, the complainant felt deficiency in service on the part of the OP and filed this complaint seeking for refund of the amount with compensation.
6. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. The cheque issued by OP dt.31.05.2010 towards refund of amount of Rs.3,70,000/- has been dishonoured as “funds insufficient”. In the agreement deed executed by OP on 16.06.2008 OP has acknowledged the receipt of the amounts from the complainant. The act of OP neither forming any layout and executing the sale deed nor refunding the amount received as an advance sale consideration, amounts to deficiency in service on its part. The complainant is entitled for refund of the amount with interest at 18% p.a. as compensation. 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.3,07,500/- with interest at 18% p.a. from 16.06.2008 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 21st day of JANUARY 2012.)
MEMBER PRESIDENT
Cs.
