Date of Filing:16.11.2009<br /> Date of Order: 21.12.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF DECEMBER 2009<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 /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2675 OF 2009<br /> <br /> Hariom<br /> House No. 477, Bharti Bhavan<br /> Balaji Krupa Layout<br /> R.K. Hegde Nagar<br /> Bangalore 560 045 Complainant<br /> V/S<br /> M/s. Canopy Dwelling Pvt. Ltd.<br /> CANOPY HOUSE<br /> Reg. Off: 969, 5th ‘A’ Cross<br /> H.R.B.R., I Block, Kalyan Nagar<br /> Bangalore 560043 Opposite Party<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> The complainant has filed case for seeking refund of Rs. 1,00,000/- with interest and costs.<br /> The facts of the case are that the complainant has booked an apartment with the opposite party and paid Rs. 1,00,000/- through cheque on 08.09.2008. The opposite party had assured the complainant that within 2 – 3 months they are going to start the work of construction. Seeing the situation and the delay process, the complainant has decided to come out of the project in the month of May 2009 and requested the opposite party for refund of deposits. The complainant had visited more than 100 times to the opposite party. Booking was cancelled as per the letter dated 03.07.2009 and it is clearly mentioned that complete amount will be refunded by September 2009. The opposite party gave a cheque for Rs. 1,00,000/- dated 07.11.2009. The complainant deposited cheque in SBI. The cheque not cleared due to insufficient fund. Immediately, complainant intimated the message to the opposite party. Therefore, the complainant has filed his complaint for recovery of Rs. 1,00,000/- with 24% interest on that amount and Rs. 10,000/- towards costs.<br /> 2. The complainant has produced a cheque issued by the opposite party for Rs. 1,00,000/- dated 07.11.2009 and has produced bank intimation dated 14.11.2009. The cheque has been bounced for insufficient funds. The complainant has booked the flat on 08.09.2008 and he has paid Rs. 1,00,000/- to the opposite party towards booking amount. The complainant has produced booking application form and also payment details and receipt to show that he has paid Rs. 1,00,000/-. He also produced letter of opposite party dated 3rd July 2009 wherein booking of flat has been cancelled and opposite party stated that amount to be refunded in the first week of September 2009. Accordingly, the opposite party has given a cheque for Rs. 1,00,000/- to the complainant on 07.11.2009. But, unfortunately the cheque had been bounced. The opposite party has not only failed to discharge its obligation or commitment, he has also committed a criminal act. The complainant could have taken action against the opposite party for the offence punishable under section 138 of NI Act. However, the complainant has filed this complaint under the Consumer Protection Act and he is seeking relief and refund of the amount with interest. The prayer of the complainant is quite fair, just and reasonable. The opposite party having received the amount from the complainant and the booking of flat has been cancelled and opposite party has under taken to pay back the amount to complainant the opposite party has also given cheque to the complainant but the cheque amount could not be realized due to insufficient fund. This clearly shows the malafide intention of the opposite party. The opposite party has clearly committed deficiency in service. The complainant is definitely entitled for the refund of the amount with interest and cost. On the facts and circumstances of the case granting interest at 12% p.a. in this case will be just, fair and reasonable. In the result I proceed to pass the following:<br /> ORDER<br /> 3. The complaint is allowed. The opposite party is directed to refund Rs. 1,00,000/- to the complainant along with 12% interest p.a. from 08.09.2008 till payment / realization within 30 days from the date of this order.<br /> 4. The complainant is also entitled for Rs. 2,000/- as costs of the present proceedings from the opposite party.<br /> 5. The Opposite party is directed to send the amount as ordered above to the complainant directly by way of D.D. / pay order to the complainant with intimation to this forum.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 21ST DAY OF DECEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br />