Date of Filing:14.01.2008<br /> Date of Order:05.06.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 5TH DAY OF JUNE 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 /> COMPLAINT NO: 954 OF 2008<br /> <br /> T. Sathish Melanta,<br /> S/o T.P. Melanata,<br /> Civil Arch Combines,<br /> F1 Austin Plaza, Opp. Post Office,<br /> Austin Town,<br /> Bamgalooru-560 047. Complainant<br /> <br /> <br /> V/S<br /> 1. M/s Pragathi Group, <br /> A Partnership Firm,<br /> having its registered office at:<br /> No.28/2, 2nd Floor,<br /> Cunningham Road,<br /> Bangalore-560 052.<br /> <br /> 2. Y.A. Hari Kishore,<br /> Father’s name not known to the Complainant,<br /> Partner, M/s Pragathi Group,<br /> No.28/2, 2nd Floor,<br /> Cunningham Road,<br /> Bangalore-560 052. Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986.<br /> The facts of the case are that, the opposite parties are partnership firm. The opposite parties have agreed to allot one site measuring 30 X 50 feet in favour of the complainant for Rs.3,90,000/-. The opposite parties have received initial payment of Rs.97,500/-from the complainant on 5/5/2006. The opposite parties have not taken any initiative to develop the property and they are not obtained necessary sanction. They have delayed the project. The complainant visited the location of layout on 6/1/2008 and found that only signboard of Pragathi Nagar is erected. The complainant received letter on 5/1/2008, by the said letter opposite parties have no intention to execute the sale agreement. The opposite parties have no right to unilaterally cancel the allotment. The complainant is ready and willing to pay the balance sale consideration amount. Opposite parties received the part consideration amount and have failed to execute the agreement of sale. Legal notice was issued. Opposite parties have failed to execute the agreement of sale and failed to execute the sale agreement. The complainant has prayed that opposite parties will be directed to execute the sale agreement by receiving the balance consideration amount and opposite parties be directed to deliver the possession of the site. Hence, the complaint. <br /> 2. Notice was issued to opposite parties. Notice was served by RPAD. In spite of service of notice the opposite parties have not appeared. Therefore, they have placed exparte. <br /> 3. Arguments are heard. <br /> REASONS<br /> <br /> 4. I have perused the complaint and documents. As per the documents produced by the complainant i.e., allotment letter, the payment schedule is given in the letter. First installment of Rs.97,500/- was paid on 5/5/2006 and likewise 2nd, 3rd, 4th and 5th installments have to be paid as per the allotment letter and the schedule mentioned in the said letter. Admittedly, the complainant has not paid the 2nd, 3rd, 4th and 5th installments. The complainant has paid only first installment amount. Except this installment there were no other payments. The complainant has produced letter of the opposite party wherein the opposite parties have admitted that they have received Rs.97,500/- towards the first installment for booking a site in Pragathi Nagar, Mysore and the letter of the opposite parties goes to show that they have not received further payments even after several requests. Therefore, the opposite parties have cancelled the site booking and requested the complainant to collect the amount paid and they have also intimated that cheque will be sent to the address of the complainant if same is known to opposite parties. So, in view of the cancellation of allotment, the only remedy available to the complainant is to get back the amount paid towards first installment. The opposite parties have not stated anything in respect of the payment of the interest on the said amount. Since the complainant has not paid the 2nd, 3rd, 4th, and 5th installments. Therefore, the opposite parties are right in canceling the allotment. Now the complainant cannot be permitted to say that he is ready to pay the entire amount and opposite parties shall execute the sale agreement. The complainant himself has stated in the complaint that, he had visited the location of the layout and found that, only sign board of Pragathi Nagar is erected and there was no development or formation of layout. When this is the position it will not help the complainant in any way even if he pays the entire amount for the allotment of site. It is better that the complainant gets back the amount paid by him with interest. The opposite parties have utilized the amount and naturally they have to pay the interest when they are refunding the amount as per their letter. Therefore, the opposite parties shall be directed to pay the amount of Rs.97,500/- to the complainant with interest. The grant of interest at 18% p.a in this case could be just and reasonable. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite parties are directed to refund Rs.97,500/- to the complainant with interest at 18% p.a on the said amount from 5/5/2006 (date of payment) till realization. The opposite parties are also directed to pay Rs.5,000/- towards costs of the present proceedings to the complainant. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 5TH DAY OF JUNE 2008.<br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />