Date of Filing:16.05.2008<br /> Date of Order:03.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 3RD DAY OF JULY 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: 1143 OF 2008<br /> <br /> Deepak K. Vasishtha<br /> S/o. M.N. Krishna<br /> R/o No. 193, 16th Main<br /> 24th Cross, Banashankari 2nd Stage<br /> Bangalore 560 070 Complainant<br /> <br /> V/S<br /> The Managing Partner<br /> M/s. Nakshatra Homes<br /> R/o No. 924, 1st B Main<br /> 4th Block, Chandra Reddy Layout<br /> S.T. Bed, Koramangala<br /> Bangalore 560 034 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the complainant has paid Rs. 50,000/- by way of cheque being booking amount of site No. C 310 to the opposite party. The opposite party had issued receipt on 14.06.2006 for having received the advance amount. The opposite party has failed to get the site registered in the name of the complainant as promised which amounts deficiency of service. Complainant has repeatedly approached opposite party and was ready to pay the balance amount. The opposite party went on promising which did not come true. The opposite party issued a cheque for Rs. 50,000/- on 30.08.2007 drawn on UTI Bank Ltd, Koramangala. The cheque issued by the opposite party was presented by the complainant to his Citi Bank. The said cheque was returned unpaid on 16.02.2008 for insufficient fund. The complainant got issued legal notice to opposite party on 25.02.2008. The complainant has filed a complaint under section 138 of NI Act against the opposite party before XIII ACMM at Bangalore. Therefore, the complainant has prayed that opposite party be directed to pay damage of Rs. 2,00,000/- for mental agony and to grant compensation of Rs. 2,00,000/-.<br /> 2. Notice was issued to opposite party by RPAD. Notice was served on opposite party. Inspite of several notices opposite party has not appeared before this forum. Therefore, opposite party is placed exparte.<br /> 3. We have gone through the complaint and documents and arguments of the learned counsel of the complainant are heard. The complainant has produced receipt dated 14.06.2006 for Rs. 50,000/-. The complainant has paid Rs. 50,000/- towards booking amount of the site to the opposite party. The opposite party has not allotted the site and failed to register the site in favour of the complainant after receiving the balance amount. The complainant has demanded several time by personal visit and requested the opposite party over phone also to register the site in his favour. But, the opposite party did not keep up the promise and commitment. The opposite party had given a cheque for Rs. 50,000/- towards refund of the amount. But, unfortunately, the said cheque was bounced. The complainant had filed a private complaint under section 138 of NI Act against opposite party and said case is pending for consideration. It is very unfortunate that the opposite party after receiving the advance amount from the complainant failed to keep up the promise. Instead of that the opposite party cheated the complainant by issuing cheque without sufficient fund in the account and opposite party has to face the consequences in respect of offence under section NI Act. The filing of case under section NI Act is no bar for the complainant to approach this forum for getting relief. The case made out in the complaint has gone unchallenged. The opposite party has not appeared before this forum even though served with notice. Therefore, the case made out by the complainant had to be accepted as true and correct. Under the facts and circumstances of the case it is very clear that there is deficiency in service on the part of the opposite party. Therefore, the complainant is entitled for refund of the amount with interest. The complainant is also entitled for grant of compensation due to escalation of price of sites. It is common knowledge that the values of the sites have gone sky high and it is now very difficult for a common man to get the site at a reasonable price. Therefore, the complainant is entitled to some compensation amount for the escalation of the price. In the result I proceed to pass the following: <br /> ORDER<br /> <br /> 4. The Complaint is allowed. The opposite party is directed to refund Rs. 50,000/- along with 18% interest p.a. from 14.06.2006 till realization.<br /> 5. The opposite party is also directed to pay Rs. 25,000/- as compensation to the complainant.<br /> 6. The opposite party is also directed to pay Rs. 5,000/- towards cost of the present proceedings.<br /> 7. The opposite party is directed to comply with the order within 30 days from the date of this order.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 3RD DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />