BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 20^TH DAY OF OCTOBER 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

(a) To pass a judgement/orders in favour of the complainant against all the Ops by allowing the complaint holding both are jointly and severally liable to pay.

(b) Directing all the Ops to pay the principal amount of Rs.1,00,000/- to the complainant

(c) Further direct the Ops to pay interest at the rate of 18% p.a., from the date of receipt of the principle amount till realization of the entire amount.

(d) Direct the Ops to pay Rs.1,00,000/- towards the litigant cost, mental agony, deficiency of service.

(e) To pass any such other reliefs.

2. The case set up by the complainant in brief is as under:-

The OP1 is a proprietorship firm and OP2 is the proprietor of the OP1 firm. They are involved in forming private layout and also carrying out of business of real estate.  The OP1 have made an advertisement offering to sell sites/plots at Sy.No1/1, situated at Kembathahalli, Bangalore South Taluk.

3. The complainant was interested in purchasing the vacant site and opted to purchase site No.4, measuring east to west 20 feet north to south 38 feet totally 760 sq. feet, for a total consideration of Rs.39,90,000/-.  The complainant has transferred substantial amount from his bank account to the OP1 account.  The complainant has paid the amount of Rs.1,00,000/- through UPI transaction and the OP had issued two receipts for having received a sum of Rs.10,000/- and also Rs.90,000/- towards booking and purchase of the site.
4. The complainant after payment of the amount has requested the Ops furnish all the relevant legal documents, so as to get the opinion of the advocate and for the bank panel advocate for sanctioning of the loan from the bank.  The Ops have furnished the copies of the documents.  After perusal of the said documents the advocate has suggested to the complainant not to purchase as it lacks legal sanctity.  After that the complainant has requested the OP2 for refund of the amount.  The OP have opted only to refund a sum of Rs.70,000/- for no fault of the complainant. The OP in order to enrich themselves with the poor person money have not paid the amount. The complainant has also got issued legal notice to OP2 since the OP2 is the sole proprietor of OP1 on 24.04.2023.  The notice was returned unserved with shara as not claimed return to sender.  Hence the complainant has filed this complaint.
5. After issuance of the notice, Ops have not appeared before this commission. Hence Ops placed exparte.
6. The complainant has filed his affidavit evidence and relies on 08 documents. 
7. Heard the arguments of advocate for the complainant.
8. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

9. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

10. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, affidavit evidence and documents 1 to 21. Inspite of service of notice, OPs remained absent. Hence OPs neither challenged the allegations made in the complaint and also documents and they remained unchallenged.
11. The OP1 is a proprietorship firm and OP2 is the proprietor of OP1.  The complainant impressed by the advertisement given by the OP1 for selling sites/plots at Sy.No.1/1 situated at Kembathahalli, Uttarahalli Hobli, Bangalore South taluk, has agreed to purchase site No.4 measuring 760 sq. feet for a total consideration of Rs.39,90,000/-.  The complainant has transferred Rs.1,00,000/- and it was acknowledged by the Ops by issuing receipts.  After perusal of copies of documents furnished by the Ops relating to the title of the property, the advocate for the complainant has suggested not to purchase as it lacks legal sanctity.  After that the complainant has demanded the OP2 to refund the amount. The OP has agreed to refund only Rs.70,000/- by deducting Rs.30,000/- which is unlawful.
12. When the OP has tried to enrich themselves with the investment money made by the poor purchaser the complainant was forced to issue legal notice. The notice was returned unserved with shara not claimed.  The OP refused to return the amount even after demand made by the complainant.  
13. In support of his contention the complainant has produced Ex.P1 and P2 are the two receipts issued by the OP for having received Rs.1,00,000/-, Ex.P3 is the copy of the bank statement of the complainant, Ex.P4 is the copy of the legal opinion, Ex.P5 is the request letter sent to the OP for refund of advance amount and Ex.P6 is the copy of the legal notice and Ex.P7 and 8 are the postal receipt and returned postal cover.
14. The entire evidence of the complainant and documents Ex.P1 to P8 clearly discloses that the complainant has paid the amount towards advance for purchase of site from the OP2.  When the complainant has got the legal opinion he has decided to cancel the advance and booking of the site.  After that the complainant demanded the OP to return the advance amount, but the OP has agreed to return only Rs.70,000/- by deducting Rs.30,000/- without any fault on the complainant. The OP tried to enrich themselves at the cost of the complainant and thereby committed deficiency of service and unfair trade practice. Therefore the complainant is entitle for the relief claimed in this complaint. Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.
15. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. The Ops are hereby directed to refund the amount of Rs.1,00,000/- to the complainant with 10% p.m., from the date of receipt till realization.
3. Ops are further directed to pay Rs.25,000/- with litigation expenses of Rs.10,000/- to the complainant.
4. The OPs shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.1,00,000/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 20^TH day of OCTOBER, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL