COMPLAINT FILED ON: 20.01.2011
DISPOSED ON: 30.03.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30TH MARCH 2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
COMPLAINT NO.128/2011
Complainant | Shri. Joby George, S/o George Joseph, Major, No.45/1, 5th Cross, Narayanappa Block, Benson Town Post, Bangalore-560 046. Advocate : P.G.Unni Krishnan V/s. |
OPPOSITE PARTY | M/s. Infinite Builders and Developers, G.M, Pearl, No.06, B.T.M.Layout, 1st Stage, 1st phase, Bangalore-560 068 Rep. by its Managing Director Exparte |
O R D E R
SRI. B.S.REDDY, PRESIDENT
This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Party (herein after called as O.P) to refund the advance amount of Rs.50,000/- with interest at 12% p.a. with costs of litigation on the allegations of deficiency in service on the part of OP.
The case of the complainant to be stated in brief is that:-
2. OP is builders and developers, constructing and selling flats, apartments, villas etc., to the general public. The complainant believing the representation OP that they had made apartments at C.L. Ramaiha layout in the name of “N.R. Green Wood” R.T. Nagar, Bangalore and after seeing apartment agreed to buy flat bearing No.B-010 for a consideration of Rs.46.25 lakhs. The complainant paid an advance of Rs.50,000/- through cheque on 23.01.2008 and got signed order booking form from OP. At the time on signing the booking form, the apartment was not finished; OP told that the same will be ready for occupation within a span of 6 months. There after when the balance money was ready with the complainant, the complainant used to call OP to know the status of the flat but there was no response from OP and completion of work of the flat was also not ready. Complainant approached OP number of times get back the advance paid but he could not get back the advance. Legal notice was issued to OP on 04.09.2010, the same was duly served but OP has not replied for the same. Under these circumstances the complainant was compelled to approach this Forum seeking the reliefs stated above.
3. In spite of service of notice OP failed to appear without any reasonable cause, hence placed exparte.
4. The father of the complainant as a P.A holder filed affidavit evidence and produced the Power of Attorney.
5. Arguments of the complainant heard.
6. After going through complaint averments, affidavit evidence of the P.A. holder of the complainant and the documents produced it is evident that OP being the builders and developers agreed to complete apartment bearing No.B-010 in “N.R.Green Wood” R.T. Nagar, Bangalore and entered into agreement to sell same on receiving advance sale consideration of Rs.50,000/- on 23.01.2008. OP has signed order booking form bearing No.129 marked annexure A. OP had undertaken to complete the remaining work of the apartment within 6 months and there after there was no response from the OP. Legal notice issued duly served but OP has not replied for the same and has not complied with the demand for refund of advance amount received. The receipt marked annexure-D clearly goes to show that OP acknowledged the receipt of advance sale consideration through cheque bearing No. 961391 dated 23.01.2008 drawn on Canara Bank for Rs.50,000/-. There is no reason to disbelieve the unchallenged affidavit evidence of the P.A. Holder of the complainant who is none other than the father of the complainant and documents produced. The very fact of OP remaining exparte; leads to drawn inference that OP is admitting all the allegations made in the complaint. The act of OP in not completing the work of the flat and executing the sale deed by receiving the balance consideration or refunding the advance sale consideration received, amounts to deficiency in service. The complainant is entitled for refund of the sale consideration paid with interest at the rate of 12% p.a along with litigation costs. Accordingly we proceed to pass the following:
ORDER
The complaint is allowed in part. OP is directed to refund Rs. 50,000/- along with interest at 12% p.a from 23.01.2008 till the date of realization and pay litigation cost of Rs.1,000/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
(Dictated to the Stenographer and typed in the computer and transcribed by him verified and corrected, and then pronounced in the Open Court by us on this the 30th day of March 2011.)
MEMBER PRESIDENT
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