COMPLAINT FILED: 06.01.2012
DISPOSED ON: 28.02.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
28th DAY OF FEBRUARY 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO. 43/2012
Complainant | Sri. M. Ramesh Babu, Son of late Anjanappa, C/o. M. Manjunath, Aged about 66 years, Plot No. 304, Sri Charitha Garden Apartment, Next Aroma Bakery, Near Marathahalli Bridge Bus Stop, Bangalore – 560 075. Adv: Sri. Mayanna Gowda. N.R. V/s. |
OPPOSITE PARTIES | 1. M/s. V.G. Pannerdas & Co., (P) Ltd., Represented by its Managing Director Mr. Babudas, VGP Square, Saidapet, Chennai – 600 015. 2. V.G.P Housing Private Ltd., Represented by its Manager, Sri. Mohandas, Victory Plaza, 87/16, 30th Cross, 7th Main, 4th Block, Jayanagar, Bangalore – 560 011. 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 OPs to refund an amount of Rs.1,41,000/- with interest at 24% p.a. and to pay compensation of Rs.2,00,000/- on the allegation of deficiency in service.
2. In spite of service of notice, OPs failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, the complainant filed affidavit evidence and produced documents.
4. Heard arguments from complainant’s side.
5. We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that OPs are registered firms dealing in building, developing and selling of the properties. OPs formed various numbers of sites and offered to sell the same to the public by inviting the applications. The complainant became member of OPs and applied for a site by paying an amount of Rs.1,41,000/-. OPs have issued the receipts acknowledging the receipt of the same as per Annexure-A. OPs failed to form the layout and allot the site to the complainant. The receipts are dated 19.11.1996, 25.01.1997, 27.03.1998 and 02.03.2000. OPs failed to acquire any land and form any approved layout and allot the site to the complainant. The complainant has given representation to the OPs on 21.09.2011 as per Annexure-B, but there was no response from OPs. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of OP remaining ex-parte leads to draw inference that OP is admitting the claim of the complainant. The act of the OPs neither forming any layout and allotting the site nor refunding initial sale consideration received amounts to deficiency in service. The complainant is 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/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OPs are directed to refund an amount of Rs.1,41,000/- with interest at 18% p.a. from the respective date of payments 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 28th day of FEBRUARY 2012.)
MEMBER PRESIDENT
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