Date of filing : 16.04.2010<br /> Date of Order: 30.12.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF DECEMBER 2010<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 /> <br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 848 OF 2010<br /> <br /> Mr. Arun Bhat.S<br /> S/o Sri Mahalinga Bhat,<br /> R/at No.296, 6th A Main,<br /> HMT Layout, R.T.Nagar,<br /> Bangalore-32. Complainant<br /> <br /> <br /> COMPLAINT NO: 849 OF 2010<br /> <br /> Mr. Krishna Bhat.S.<br /> S/o Sri Mahalinga Bhat,<br /> R/at No.296, 6th A Main,<br /> HMT Layout, R.T.Nagar,<br /> Bangalore-32. Complainant<br /> <br /> <br /> V/S<br /> <br /> 1) M/s. Granity Properties Pvt., Ltd.,<br /> No.43 3rd Cross, 10th A Main,<br /> Indiranagar 2nd Stage,<br /> Bangalore-38.<br /> <br /> 2) Mr.Ashfak Ahmed, <br /> S/o Moulana Sab, <br /> MD, Grnaity Properties Pvt., Ltd.,<br /> 43, 3rd Cross, 10th A Main, <br /> Indiranagar 2nd Stage, Bangalore-38. <br /> 3) Mr. Vijay Tata Ravipathi,<br /> S/o R.S.Murthy,<br /> Proprietor of Orange Properties,<br /> No.405-406, Prestige Meridian-II,<br /> M.G.Road, <br /> Bangalore-1 Opposite parties<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing common order since, the opposite parties in both the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these two cases can be conveniently disposed off by passing common order. <br /> 1. The respective complainants have filed under Section 12 of the Consumer Protection Act, 1986.<br /> 2. The brief facts of the case are that, the complainants have paid Rs.6,60,000/- each to the opposite parties through cheques for allotment of site. The opposite party had executed agreement of sale in favour of the complainants. The complainants submitted that the opposite parties have cheated to several members. The layout was not formed as per the promise and commitment. Several complaints have been lodged against the ops to the police by the members. The police have registered case for cheating punishable under section 420 of IPC. The ops have undertaken to refund the money collected from the members. The ops have committed deficiency of service and unfair trade practice as defined under the provisions of the Consumer Protection Act. The opposite parties after collecting the money from the complainant and others have not taken up the work of project and duped the complainant and other members of the public. The complainants had sent notice to the opposite parties demanding return of amount with interest. Hence, the complaint, seeking refund of amount Rs.6,60,000/- with interest and compensation. <br /> 3. After admitting the complaint, the notice was sent to the opposite parties by registered post, since the notice was not served. The complainants took paper publication against the opposite parties in The Hindu daily news paper for service of notice by means of substituted service. The paper publication was produced before this Fora. Inspite of publication of notice in the news paper, the opposite parties have not appeared before this Fora and remained absent. The complainants filed their affidavit evidence and documents. Arguments are heard. Perused the documents. The complainants have produced agreement of sale executed by the opposite parties. The complainants have paid Rs.6,60,000/- each to the opposite party by way of cheque. The case put up by the complainants has gone unchallenged. The opposite parties have not appeared before this Fora. The case of the complainants shall have to be accepted as true and correct. Several complaints have been allowed against the opposite parties in the similar cases. The opposite parties have committed deficiency in service by not forming layout. The opposite parties have actually cheated the members of public and several criminal complaints have been filed against the opposite parties in different police stations. Therefore, the present complaints are fit to be allowed. The opposite parties shall have to be directed to refund the amount with interest at 12% p.a. from the date of respective payments made by the complainants. In the result, I proceed to pass the following:- <br /> ORDER<br /> 4. These two complaints are allowed. The opposite parties No.1 & 2 are directed to refund the following amounts to the respective complainants along with interest at 12 % p.a. from the date of respective payments made by the complainants till the date of refund / realization. <br /> Sl.No. Complaint No. Name of the Complainant Refund Amount<br /> <br /> 1. 848/2010 Arun Bhat.S Rs.6,60,000/-<br /> 2. 849/2010 Krishna Bhat.S Rs.6,60,000/-<br /> <br /> 5. The Opposite parties No.1 & 2 are directed to comply the order within 60 days from the date of this order. The respective complainants are entitled Rs.5,000/- as cost of the present proceeding from the opposite party No.1 &2. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Keep the copy of the order in connected case files. <br /> 8. Pronounced in the Open Forum on this 30TH DAY OF DECEMBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings <br /> <br /> MEMBER MEMBER<br /> <br /> <br />