COMPLAINT FILED ON: 30.05.2011
DISPOSED ON:27.07.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
27th DAY OF JULY-2011
PRESENT:- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT No.997/2011
Complainant OPPOSITE PARTY | Mr.M.Narayanan S/o late N.Manikyam, Aged about 58 years, Residing at No.57, ‘Vignesh’, 1st Cross, Mico Layout, Mahalakshmipuram, Bangalore-560 086. Advocate:S.Yathiraj., V/s. M/s Citi Green Farms (P) LTD., Represented by its Managing Director, Mr.Radharamanaiah, No.2, 24th Main, I Phase, Near R.V.Dental College, J.P.Nagar, Bangaloe-560 078. Also at No.97, 3rd Cross, Dollars Colony, BTM 1st Stage, Bangalore-560 068. Ex-parte. |
O R D E R S
SRI. B.S. REDDY, PRESIDENT
The complainants filed this complaint U/s.12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Party (herein after called as O.P.) to execute the sale deed infavour of the complainant with respect of Mini Form Land i.e., 5000 sq.ft. as agreed at Mayaganahlli Village or pass such other reliefs as deemed fit on the allegation of deficiency in service on the part of the OP.
2. In spite of service of notice, OP failed to appear, hence placed ex-parte.
3. In order to substantiate the complaint averments, the complainant filed affidavit evidence.
4. Heard from complainant’s side.
5. We have gone through the complaint averments, the documents produced such as the Xerox copy of the pass book, the brochure, legal notice and RPAD acknowledgement and also the affidavit evidence of the complainant. On the basis of the materials placed, it becomes clear that OP engaged in developing the lands in the name and style of M/s Citi Greens Farms Private Limited represented that the company is forming farm layouts on Bangalore-Mysore, Highway at Mayaganahalli, Near Bidadi, Ramanagara Taluk and the complainant was requested to become the member of the project. The complainant agreed to become a member on 24.12.1994 under category of Mini Farm Land i.e., 5000 sq.ft., membership bearing No.379 and agreed to pay each instalment of Rs.2,000/-, total 60 equal monthly instalments. OP has received 42 instalments by way of cash and cheques in all sum of Rs.83,000/- and has issued the receipts and made entries in the passbook. Document No.1 is the pass book. The brochure copy is produced at document No.2. There was no any progress in the proposed layout as assured in the brochure and OP shifted his office without informing the members and whereabouts of OP was not known to the complainant. Recently, the complainant came to know that OP has developed residential flats in the name of City Greens and East of Eden premium residential Townships and sold part of land to new members. OP is trying to cheat the complainant and other members by floating new project on the same land. The complainant is ready and willing to get the sale deed, OP has failed to provide proper service. The notice got issued by the complainant was duly served, OP neither replied the notice nor complied the demand made by the complainant in the notice. Thus the complainant felt deficiency in service on the part of the OP. Hence this complaint.
6. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant supported by the documentary evidence. The entries made in the pass book clearly goes to show that OP has received in all 42 monthly instalments, totally amounting to Rs.83,000/- from the complainant. OP has not developed the project as assured in the brochure. The very fact of OP remaining ex-parte goes a long way to hold that OP is admitting the averments made in the complaint. When OP was not able to form the proposed layout it would have been fair enough on its part to refund the amount received from the complainant. The act of OP neither developing the layout and allotting the land nor refunding the amount received amounts to deficiency in service on the part of the OP. The complainant has not produced any material to show that OP has acquired any land for the proposed layout and any piece of land is available free from encumbrance to direct the OP to register the sale deed. Without there being any material with regard to title of the OP for any of the land, OP cannot be directed to execute the sale deed. Under these circumstances, we are of the view that the complainant is entitled for refund of the amount paid with interest at 12% p.a. 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.
The OP is directed to refund the amount of Rs.83,000/- with interest at 12% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/-to the complainant within 4 weeks from the date of this Order.
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 27th day of July 2011.)
MEMBER MEMBER PRESIDENT
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