BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

02^nd DAY OF NOVEMBER 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to pay a sum of Rs.5,00,000/- towards loss, damages and compensation together with interest @ 18% p.a from the date of complaint with cost of the proceedings.

2. The brief averments made in the complaint are as under:

The OP approached the complainant through the marketing agents for sale of residential plots in the layout known as ‘Trans Prakruthi’ situated at Malmachanahalli Village, Jangamkote Hobli, Siddlagatta Taluk, Chikkabalapur District, claiming that the said layout will be 100 acre residential gated community with world-class amenities by obtaining conversion order and approval from the competent authorities.  The OP had promised the complainant that the title of said layout is clear and marketable and that they will provide necessary documents required to take legal opinion.  The complainant has agreed to purchase two sites measuring 30x40 each, accordingly paid a sum of Rs.10,000/- as advance amount on 25.05.2015 on the assurance of clear title and necessary conversion and approvals.  Subsequently the complainant requested the OP to allot the site measuring 30x40 for which the OP has agreed.  Accordingly the complainant has paid a sum of Rs.4,00,000/- to the OP on various dates.

The complainant had requested the OP to provide the copy of title documents to get the legal opinion, for which the OP kept on postponing the same one or other pretext.  Finally the OP has given few documents such as sale deed and RTC.  The complainant requested to provide full set of title documents.  But the OP has not complied and also not replied.  The OP had assured the complainant to execute a agreement of sale and the same is also not complied.  When all efforts of complainant to get the title documents and agreement of sale went in vain, she tried to contact the marketing manager personally and through phone which also did not yield any result.  Finally the complainant has issued notice to the OP on 24.02.2016 for refund of the advance amount with interest and damages stating their inability to provide title documents and execute proper sale agreement.  The said notice was duly served on the OP and the OP has not refunded the amount nor replied to the notice.

Complainant with an intention to have permanent residence near Bangalore city has paid her hard earned money believing the words of the OP who was mislead her with false assurance and promise.  The OP has failed to fulfill their commitment towards the complainant and neglected their responsibility after receiving huge advance amount.  Hence, the complainant has approached this Forum for the reliefs.

3. After registration of the complaint, notice was issued to OP.  Inspite of service of notice, OP remained absent without sufficient reason and cause.  Hence, OP is placed ex-parte and the case was posted for filing affidavit of the complainant.

4. In support of complaint averments, the complainant has filed affidavit evidence.  The same has remained unchallenged.  OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

5. We have perused the documents produced by the complainant.  Document No.1 is the application form dated 06.05.2015 in which the complainant applied for the plot by paying Rs.10,000/- through cheque.  Document No.2 to 7 are the receipts bearing No.310, 340, 341, 355, 388, 394 dated 06.05.2015, 11.05.2015, 21.05.2015, 27.05.2015, 11.06.2015, 14.06.2015 for Rs.10,000/-, Rs.90,000/-, Rs.10,000/-, Rs.90,000/-, Rs.1,00,000/- & Rs.1,00,000/- respectively.  The above cheques are received by the OP from the complainant.  Document No.6 is the notice issued by the complainant to the OP dated 22^nd February 2016 for refund of advance amount with interest.

6. On perusal of oral and documentary evidence produced by the complainant the OP has received Rs.4,00,000/- paid by the complainant towards the booking of the plot.  When the complainant demanded certain relevant documents OP failed to give the documents also failed to refund the amount.  This conduct of OP amounts to grave deficiency of service.  Inspite of repeated requests and phone calls OP failed to furnish the documents.  This conduct of OP must have put the complainant to great hardship, inconvenience and mental agony.

7. The complainant has paid the advance amount by borrowing the same for interest from known persons and now due to the negligent act of OP, she is facing wrath from family members and financial crisis due to which the normal day to day affairs of the complainant was affected and has caused huge loss to her.  There is no justification for OP to withhold the said deposit amount of Rs.4,00,000/- paid by the complainant as advance amount towards the booking of plot.  Therefore, the OP is liable to pay damages to the complainant apart from refunding the amount together with interest.

8. The very fact of OP in not contesting the proceeding leads us to draw an inference that OP is admitting the claim of the complainant.  There is no reason to disbelieve the unchallenged affidavit of the complainant and the documents produced.  In view of the discussions made above, we are of the considered opinion that the complainant has successfully proved the deficiency of service on the part of OP.  Therefore, OP shall have to be directed to refund Rs.4,00,000/- together with interest at the rate of 18% p.a from the date of receipt till the date of realization.  Further OP shall have to be directed to pay compensation of Rs.25,000/- towards deficiency of service together with litigation cost of Rs.3,000/-.

9. In the result, we proceed to pass the following:

       O R D E R

The complaint filed by the complainants U/s.12 of the Consumer Protection Act, 1986 is allowed in part.  OP is directed to refund Rs.4,00,000/- (Four lakh rupees) paid by the complainant to the OP towards the booking of plot together with interest  @ 18% p.a from the date of receipt till the date of realization.  Further OP is also directed to pay compensation of Rs.25,000/- towards deficiency of service along with litigation cost of Rs.3,000/-.

This order is to be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 02^nd day of November 2016)

MEMBER                             MEMBER                    PRESIDENT

Vln* 

COMPLAINT No.977/2016

Witnesses examined on behalf of the complainant dated 03.10.2016.

1. Smt.Divyamani K.M,

   Witnesses examined on behalf of OP – Nil.

   Documents produced by the OP - Nil

MEMBER                             MEMBER                    PRESIDENT

Vln*