Date of Filing:13.08.2009<br /> Date of Order:04.12.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 4TH DAY OF DECEMBER 2008<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 /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1935 OF 2009 <br /> <br /> <br /> Eswaran. R<br /> No. 129/3A Cross, 6th “B” Main<br /> Behind Ayyappa Temple<br /> Prakash Nagar<br /> Bangalore-560021. Complainant<br /> <br /> <br /> COMPLAINT NO: 1936 OF 2009 <br /> <br /> <br /> Sudhir Agarwal,<br /> R-44, Greater Kailash I<br /> New Delhi-110048. Complainant<br /> <br /> COMPLAINT NO: 1937 OF 2009 <br /> <br /> Smt. Bina Agarwal,<br /> R-44, Greater Kailash I<br /> New Delhi-110048. Complainant<br /> <br /> COMPLAINT NO: 1938 OF 2009 <br /> <br /> <br /> Binod Kumar Khetawat<br /> C/o Shree Khetawat Oil Mills<br /> L.K. Road Haibargaon<br /> Nagoan, Assam 782002 Complainant<br /> <br /> COMPLAINT NO: 1939 OF 2009 <br /> <br /> <br /> Lingaraju. G.P,<br /> No. 173, “Shree Nivas”<br /> Gurudatta Layout<br /> Hosakere Halli<br /> Banashaknari III Stage<br /> Bangalore-560085 Complainant<br /> <br /> COMPLAINT NO: 1940 OF 2009 <br /> <br /> <br /> Srinivasa Murthy H.N<br /> MIG-18, N.K. Urs Road<br /> Kuvempunagar<br /> Mysore-570 023 Complainant<br /> <br /> COMPLAINT NO: 1941 OF 2009 <br /> <br /> <br /> Balarama.C<br /> No. 186, 37 A Cross<br /> East End Main Road<br /> 9th Block, Jayanagar<br /> Bangalore-560069 Complainant<br /> <br /> COMPLAINT NO: 1942 OF 2009 <br /> <br /> <br /> Varadarajan. R<br /> No. 31, Rajaji Street<br /> Nehru Nagar, Chrompet<br /> Chennai-60044. Complainant<br /> <br /> <br /> COMPLAINT NO: 1943 OF 2009 <br /> <br /> <br /> Abdul Allam<br /> No. 306, 6th Cross<br /> Opp. Vishveshwaraya Park<br /> H.M.T Layout, R.T. Nagar<br /> Bangalore-560032 Complainant<br /> <br /> COMPLAINT NO: 1944 OF 2009 <br /> <br /> <br /> Nagaraju A<br /> No. 65, II Main Road<br /> 5th Cross, Netaji Layout<br /> Vijayanagar II Stage<br /> Bangalore-560040 Complainant<br /> <br /> <br /> COMPLAINT NO: 1945 OF 2009 <br /> <br /> <br /> Prashant Khanduri<br /> 40-C, Pocket A<br /> Viksapuri Extention<br /> New Delhi 110018 Complainant<br /> <br /> COMPLAINT NO: 1946 OF 2009 <br /> <br /> <br /> Prashant Khanduri<br /> 40-C, Pocket A<br /> Viksapuri Extention<br /> New Delhi 110018 Complainant<br /> <br /> COMPLAINT NO: 1947 OF 2009 <br /> <br /> <br /> Jagannath M.S<br /> “Supraja”, 125, 4th Cross<br /> 35th Main, Bank Officers<br /> and Officials Colony<br /> B.T.M. Layout II Stage<br /> Bangalore-560068 Complainant<br /> <br /> COMPLAINT NO: 1948 OF 2009 <br /> <br /> <br /> Rajiv Kumar Mittal<br /> A-202, Manasarovar Apartments<br /> 19, 3rd Seaward Road<br /> Valmikinagar<br /> Thiruvanmiyur<br /> Chennai-600041 Complainant<br /> <br /> COMPLAINT NO: 1949 OF 2009 <br /> <br /> <br /> Smt. Anupama T.J<br /> No. 289, 7th Cross<br /> I Block Jayanagar <br /> Bangalore-560011 <br /> Represented by PH Holder<br /> T.S. Jagadish Complainant<br /> <br /> <br /> COMPLAINT NO: 1950 OF 2009 <br /> <br /> <br /> Navaneethan<br /> No. 415, EWS, KHB Colony<br /> Koramangala, 5th Block<br /> Bangalore-560095<br /> <br /> Now residing at<br /> No. 64, 4th Main<br /> I Cross, Maruthi HBCS, <br /> BTM I Stage, <br /> Bangalore-560029 Complainant<br /> <br /> <br /> COMPLAINT NO: 1951 OF 2009 <br /> <br /> <br /> Sajjan Kumar. M<br /> No. 411, Bazar Street<br /> Mandya 571401<br /> Represented by his GPA Holder<br /> M. Mahendra Kumar Bohra Complainant<br /> <br /> <br /> COMPLAINT NO: 1952 OF 2009 <br /> <br /> <br /> <br /> Smt. Susheela Bai<br /> No. 411, Bazar Street<br /> Mandya 571401<br /> Represented by his GPA Holder<br /> M. Mahendra Kumar Bohra Complainant<br /> <br /> <br /> COMPLAINT NO: 1953 OF 2009 <br /> <br /> <br /> M. Mahendra <br /> No. 411, Bazar Street<br /> Mandya 571401 Complainant<br /> <br /> <br /> COMPLAINT NO: 1954 OF 2009 <br /> <br /> <br /> Prasad. S<br /> “Supraja”, No. 197 B<br /> V.H.B.C.S Layout<br /> 9th Cross, I Main<br /> ISRO Layout<br /> Bangalore-560078 Complainant<br /> <br /> <br /> COMPLAINT NO: 1955 OF 2009 <br /> <br /> <br /> Smt. Geetha M.N<br /> No. D-202, Manthri Greens<br /> No.1, Sampige Road<br /> Malleshwaram<br /> Bangalore-560 003 Complainant<br /> <br /> COMPLAINT NO: 1956 OF 2009 <br /> <br /> <br /> Smt. Indira<br /> No. 50, II Cross, Mico Layout<br /> BTM II Stage<br /> Bangalore-560 076 Complainant<br /> <br /> <br /> COMPLAINT NO: 1957OF 2009 <br /> <br /> <br /> Sridhar. D<br /> No. D, No. 129, III A Cross<br /> 6th B Main Road, Prakashnagar<br /> Behind Ayyappa Swamy Temple<br /> Bangalore-560 021 Complainant<br /> <br /> COMPLAINT NO: 1958 OF 2009 <br /> <br /> <br /> Anurag Khanduri<br /> S/o J.P. Khanduri<br /> C/o Mrs. N.D. Pariat<br /> Lower Lachumiere<br /> Near Bonded Warehouse<br /> Shillong 793001, Meghalaya. Complainant<br /> <br /> COMPLAINT NO: 1959 OF 2009 <br /> <br /> Arun M.N<br /> No. 170, I C Cross<br /> REMCO Layout, <br /> Vijayanagar, Bangalore-560 040<br /> Represented by her PA Holder<br /> M.G. Narasimha Murthy Complainant<br /> <br /> COMPLAINT NO: 1960 OF 2009 <br /> <br /> Srinivas Kumar<br /> C/o M.A. Malini<br /> H. No. 51, Street No.9<br /> Gurunanaknagar<br /> Patiala 147001 Complainant<br /> <br /> V/S<br /> M/s Megacity (Bangalore) Developers &<br /> Builders Pvt. Ltd., No.1, 5th Cross,<br /> Chandraloka Apartments<br /> Gandhinagar<br /> Bangalore-560009<br /> Rep. by its Managing Director,<br /> C.P. Yogeeshwara. Opposite Party<br /> <br /> ORDER<br /> By the President, Sri. S.S. Nagarale<br /> <br /> These twenty six complaints are clubbed together for passing common orders since the facts and law points involved in all these complaints are one and the same and the opposite party in all these cases is one and the same. Therefore, these twenty six complaints can conveniently be disposed of by common order. The copy of the order will be kept in connected matters.<br /> 2. The respective complainants have filed complaint against the opposite party U/Sec.12 of the Consumer Protection Act, 1986 seeking direction to the opposite party to execute the sale deed in respect of the sites allotted to them and also for payment of compensation for deficiency of service.<br /> 3. The facts of the case are that, being attracted by the advertisement published by the opposite party, the complainants with an intention to purchase a residential site became members of the opposite party company and they have paid the amounts to the opposite party towards sital value. The opposite party had also executed agreement of sale and possession certificate was issued in favour of the respective complainants. The opposite party in spite of receipt of amounts never bothered to register the sites to the complainants. On the contrary, the opposite party procrastinating matter on one or other ground. The complainants have issued legal notice to the opposite party calling upon the opposite party to execute the sale deed in Vajragiri Township. The opposite party had received the notice but neither replied nor comply with the demand. Therefore, the complainants have been forced to file the complaints before this Forum under the C.P Act, 1986. On this ground the opposite party has committed deficiency of service.<br /> 4. After admitting the complaint, notice was issued to opposite party through RPAD. Opposite party put in appearance through advocate and filed defence version admitting almost all the facts of the case. The opposite party has also admitted the receipts of the amounts from the respective complainants. It is the case of the opposite party that there is legal hurdle in forming layout. Therefore, the opposite party is not in a position to complete the proposed project. Therefore, the opposite party is not in a position to form the residential layout and execute the sale deed pursuant to the agreement executed by the opposite party in favour of the respective complainants. Opposite party is not in a position to secure conversion order. The land in question had been notified by the KIADB for forming of industrial area. Opposite party has made arrangement to refund the amount received by the respective complainants with interest. The opposite party communicated the matter to almost all the members to receive back their advance amount. Even now also, the opposite party is ready to refund the amount to the respective complainants. <br /> 5. Arguments are heard. <br /> 6. In the light of the argument advanced, the following points arise for my consideration. <br /> 1. Whether the respective complainants are entitled <br /> for refund of the amount with interest?<br /> <br /> 2. Whether the opposite party has committed any deficiency in service?<br /> <br /> 3. Whether the complainants are entitled for registration of sites?<br /> <br /> <br /> <br /> REASONS<br /> 7. I have gone through the pleadings of the parties and the documents. As per the pleadings there is no dispute whatsoever in respect of the amounts paid by the respective complainants to the opposite party. The opposite party has come forward to refund the amount received from the complainants with interest. It is the case of the opposite party that, due to legal hurdles and litigations the opposite party is not in a position to form layout. Therefore, opposite party has come forward to refund the amount received from the members. Opposite party has also submitted that, it has written letter to all the members asking them to take refund of the amount with interest. When the opposite party is not in a position to form the layout due to litigation and other legal hurdles and there is no point in ordering the opposite party to execute the sale deed as per the possession certificate. It is in the interest of complainant to receive the amount back with interest. The opposite party having failed to execute the sale deed of the respective sites amounts to deficiency in service on their part. However, the opposite party is fair enough to refund the amount. The learned counsel for the opposite party submitted that the Hon’ble State Commission is passing orders for refund of the amount with interest at 12% p.a in similar matters against the opposite party. On the facts and circumstances of the case, it would be just, fair and reasonable to refund the respective amounts received from the complainant with interest at 12% p.a from the date of respective payments made by the complainants. I feel this order will be quite fair, just and reasonable and this relief will get their amount back with interest. Since we are awarding interest on the refund amount, the question of granting compensation does not arise. The award of interest on the refund amount will meet the ends of justice. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 8. All the complaints are allowed. The opposite party is directed to refund Rs.78,955/- to the complainant Mr. Eswaran.R in complaint No.1935/2009. The complainant Mr. Sudhir Agarwal in complaint No.1936/2009 is entitled for the refund whatever the amount he has paid to the opposite party (since he has not produced any documents of payment made by him). The complainant Smt. Bina Agarwal in complaint No.1937/2009 is entitled for the refund whatever the amount he has paid to the opposite party (since he has not produced any documents of payment made by him). The complainant Mr. Binod Kumar Khetawat in complaint No.1938/2009 is entitled for refund of Rs. 78,000/-. The complainant Mr. Lingaraju. G.P in complaint No.1939/2009 is entitled for refund of Rs. 66,500/-. The complainant Mr. Srinivasa Murthy H.N in complaint No.1940/2009 is entitled for refund of Rs. 1,35,880-. The complainant Mr. Balaram.C in complaint No.1941/2009 is entitled for refund of Rs. 47,000/-. The complainant Mr. Varadarajan.R in complaint No.1942/2009 is entitled for refund of Rs. 72,078/-. The complainant Abdul Allam in complaint No.1943/2009 is entitled for refund of Rs. 79,200/-. The complainant Mr. Nagaraju. A in complaint No.1944/2009 is entitled for refund of Rs. 52,600/-. The complainant Mr. Prashant Khanduri in complaint No.1945/2009 is entitled for the refund whatever the amount he has paid to the opposite party (since he has not produced any documents of payment made by him). The complainant Mr. Prashant Khanduri in complaint No.1946/2009 is entitled for the refund whatever the amount he has paid to the opposite party (since he has not produced any documents of payment made by him). The complainant Mr. Jagannath M.S in complaint No.1947/2009 is entitled for refund of Rs. 64,900/-. The complainant Mr. Rajiv Kumar Mittal in complaint No.1948/2009 is entitled for refund whatever the amount he has paid to the opposite party (since he has not produced any documents of payment made by him). The complainant Mr. Anupama T.J in complaint No.1949/2009 is entitled for refund of Rs. 90,000/-. The complainant Mr. Navaneethan in complaint No.1950/2009 is entitled for refund of Rs. 88,650/-. The complainant Mr. Sajjan Kumar. M in complaint No.1951/2009 is entitled for refund of Rs. 1,00,800/-. The complainant Smt. Susheela Bai in complaint No.1952/2009 is entitled for refund of Rs. 1,00,800/-. The complainant Mr. Mahendra. M in complaint No.1953/2009 is entitled for refund of Rs. 1,00,800/-. The complainant Mr. Prasad.S in complaint No.1954/2009 is entitled for refund of Rs. 92,750/-. The complainant Smt. Geetha M.N in complaint No.1955/2009 is entitled for refund of Rs. 1,15,200/-. The complainant Smt. Indira in complaint No.1956/2009 is entitled for refund of Rs. 1,65,800/-. The complainant Mr. Sridhar. D in complaint No.1957/2009 is entitled for refund of Rs. 79,367/-. The complainant Mr. Anurag Khanduri in complaint No.1958/2009 is entitled for refund of Rs. 21,752/-. The complainant Mr. Arun. M.N in complaint No.1959/2009 is entitled for the refund whatever the amount he has paid to the opposite party (since he has not produced any documents of payment made by him). The complainant Mr. Srinivas Kumar in complaint No.1960/2009 is entitled for refund of Rs. 1,15,400/-. <br /> <br /> 9. The opposite party is directed to pay interest at the rate of 12% p.a from the date of last payments made by the complainants. <br /> <br /> 10. The opposite party is directed to pay Rs. 1,000/- as costs of the present proceedings to each of the complainants. <br /> <br /> 11. The opposite party is directed comply the order within 60 days from the date of this order. <br /> <br /> 12. The original of this order shall be kept in complaint No.1935/2009 and a true copy thereof shall be kept in each of the other cases. <br /> <br /> 13. Send the copy of this Order to all the parties free of costs immediately. <br /> <br /> <br /> 14. Pronounced in the Open Forum on this 4TH DAY OF DECEMBER 2009.<br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> <br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER <br /> rhr<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />