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

DATED 18^TH DAY OF JULY 2022

ORDER

SRI.H.JANARADHAN, MEMBER

1. This complaint filed by the complainant under section 35 of C.P.Act, 2019 against the Opposite party with a directions to

1.  Direct the OP to refund an amount of Rs.1,00,000/- collected from the complainant together with interest at the rate of 24% p.a. from the date of receipt of payment till realization
2. Direct the OP to pay sum of  Rs.50,000/- towards travelling expenses, mental agony, physical stress and strain suffered by the  complainant and such other reliefs.

2.The brief facts of the complaint are  as follows:

The complainant had approached the OP during February 2013 and the complainant intended to purchase the residential plots bearing no.376 & 377 in the OP project by name called Max-Meadows III, which was developed by the OP at IVC road, Devanahalli Tq., Bengaluru Dist.. The complainant by believing the version of the OP agreed to buy the above said plots and accordingly complainant paid initial deposit of Rs.1,00,000/- on 04.03.2013  and said payment was duly honored by the OP and OP had issued receipt for the same No.BLR/12-13/6671 dt.04.03.2013. Subsequent to the above payment as  per demands of the OP, the complainant requested the OP to execute sale agreement in favour of the complainant stipulating the terms and conditions, but OP prolonged the matter of execution of sale agreement  keeping one or other reasons ahead.  During the year 2013 to18 the complainant visited the office of the OP for more than 100 times intending OP to execute the agreement of sale, but OP failed to execute the sale agreement. Further in the month of June 2018 the complainant personally met the OP and requested them to execute sale agreement, but unfortunately  it is brought to the notice of the complainant that  OP not identified the land for formation of layout.  Further, the complainant going to know that the fraud committed by the OP and requested the OP to refund the amount collected, but giving false assurance of development of the land to form residential layout. Upon the request of the complainant the OP agreed to refund the amount with applicable interest, but failed to keep up promise. After which the complainant left with no other option  issued legal notice on 13.11.2019 by registered post acknowledgement due and notice duly served on OP. Inspite of  notice being duly served, OP after receiving notice called the complainant to visit the office during March 2020  and to collected the refund, but complainant visited the office to the shock and surprise of the complainant that OP threatened the complainant  with dire consequences and the complainant left with no other option come back and filed this present complaint.

3.  After issuance of notice one Sri K.V.Subramani advocate files power for OP, but fails to file version.

4.  Even though sufficient opportunity was granted, but  the complainant fails  to lead affidavit evidence and hence the affidavit evidence is taken as nil.

5.   Both the complainant and OP have neither filed written arguments nor submitted their arguments. And the procedure after admission  of the complaint is detailed in section 38 of the C.P.Act, 2019, in which it is stated that after admission of the complaint if the parties to the proceedings  fails to adduce evidence, then the complaint to be decided on merits on the basis of evidence and documentary evidence placed on record. Such being the case, the complainant has neither filed affidavit evidence nor OP  filed version. Hence, by adopting the procedure envisaged under the C.P.Act, 2019 we proceed on the available documents on record.

6. Our answer to the above points are as under:

Point No.1:- Affirmative in part.

Point No.2:- Affirmative in part

Point no.3:- As per the final order.

REASONS

7. Point Nos.1&2 :. On perusal of the complaint, it reveals that the complainant had paid Rs.1,00,000/- to the OP by way of cheque bearing no.630506 dt.04.03.2019 of Syndicate Bank and it was encashed by the OP and for which the OP also issued receipt for the same. Further, after receipt of the said amount, OP assured the complainant that they are going to allot plots bearing no.376 & 377 and also receipt issued by OP depict the same and also assured  the complainant that the project by name Max Meadows-III would be developed  by the OP at IVC road, Devanahalli Tq., Bengaluru. After development of the said project the complainant would be allotted the sites bearing no.376 & 377. Inspite of frequent visits by the complainant to the OP office, the OP neither executed agreement of sale by stipulating terms and conditions of sale agreement over developed project. When the complainant had made payment in the March 2013 and the complaint filed against OP  in the year 2018, but till date OP had neither shown any progress and developments of the plots nor completed the project. Such being the case, the complainant followed up with the OP to get the agreement of sale registered, but inspite of it, the OP had neither executed agreement of sale nor refunded the amount. The OP assured the complainant that they are going to complete the project  or he is going to refund the amount with interest, but till today OP had neither kept up his promise  to refund the amount or to execute the sale deed, but has kept the hard earned money of the complainant with the OP. which is nothing but deficiency of service and also non refund of amount amounts unfair trade practice. When such being the case, the complainant is right in seeking refund of the amount  by the OP. Hence, the complainant has proved deficiency of service on the part of OP for the reasons stated above. Hence, we answer point no.1 & 2 in the affirmative in part.

8. Point no.3:-.  Accordingly, we proceed to pass the following

O R D E R

1. The complaint is allowed in part.
2. The OP is directed to refund Rs.1,00,000/-  with interest at 9% p.a. from the date of payment  till realization and pay Rs.5,000/- towards cost of litigation  to the complainant.
3. The OPs  shall comply this order within 60  days from the date of receipt of this order, failing which the OP shall pay interest  at 10% on Rs.1,00,000/- after expiry of 60 days from this date till realization .
4. Furnish the copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 18^thday of July, 2022)

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

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