Date of Filing:15.10.2008<br /> Date of Order:20.12.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 20TH 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 /> COMPLAINT NO: 2226 OF 2008<br /> <br /> <br /> 1. Roohi Basheer Ahmed Alias<br /> Roohi Naveed<br /> <br /> 2. Rizwan Ahmed Basheer<br /> <br /> Both son and daughter of<br /> S. Basheer Ahmed<br /> R/at No. 3/16, 8th Main<br /> B.T.M. Layout, First Stage<br /> Bangalore 560 029 Complainants<br /> <br /> V/S<br /> 1. M/s. V.G. Paneerdas & Co.<br /> V.G.P. Square, Saidapet<br /> Chennai 600 015<br /> <br /> 2. V.G. P. Housing Pvt. Ltd.<br /> V.G.P. Victory Plaza<br /> 4th Block, Jayanagar<br /> 7th Main, 30th Cross<br /> Bangalore 560 011<br /> Both represented by one Babu Das<br /> Director, and Mohan Das, Regional<br /> Manager, having the same address<br /> mentioned in respect of opposite party <br /> No. 2, in the above cause title Opposite Parties<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 opposite parties received amount for the scheme Ever Green Plantations. Opposite parties offered site in Bangalore near Sarjapur. In all complainants have paid Rs. 52,700/-. The complainants requested the opposite parties to handover the site in Bangalore, but the opposite parties never took interest to honour the agreement. The opposite parties neither allotted site No. 438 nor returned the amount of site. Complainants have issued legal notice on 27.12.2007 calling upon the opposite parties to give site or return the present market value of the site. Despite of this opposite parties did not care to reply the notice. Hence, the complainants have prayed for return of amount with compensation.<br /> 2. Notice was issued to opposite parties. Notice was served. Inspite of service of notice opposite parties did not appear before the forum and defence version not filed. Therefore, the opposite parties placed as exparte. <br /> 3. Affidavit evidence filed. Heard the arguments. Perused complaint and documents.<br /> 4. The complainant has produced receipts, copy of pass book and copy of legal notice sent to opposite parties. Complainants in all paid Rs. 52,700/- on various dates to the opposite parties. But, the opposite parties have not handed over the possession of the site. Therefore, opposite parties have not complied with the commitment. This amounts to clear case of deficiency of service on the part of the opposite parties. The complainants with a hope of getting possession of the site had been given amount to the opposite parties. But, unfortunately, the opposite parties have failed to allot and hand over site as per commitment. The complainants submitted that the opposite parties may be directed to refund the amount with interest though not site. This submission is quite just, fair and reasonable. The case made out by the complainants has gone unchallenged. There is no contrary defence version or objections by the opposite parties. The opposite parties though served with notice have not appeared and contested the matter. Therefore, it appears that opposite parties have no defence to make. There are absolutely no reasons or whatsoever to disbelieve the case of the complainant. Therefore, by accepting the case of the complainants the matter deserves to be allowed. Complainants are definitely entitled for the refund of the amount with interest. Hon’ble National Commission and State Commission are awarding 18% interest p.a. in the similar cases. Therefore, it is just, proper and reasonable to award 18% interest p.a. to the complainants. The last payment of Rs. 21,600/- was paid on 28.05.2005. Therefore, from that date the complainants are entitled for interest. 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. 52,700/- to the complainants with 18% interest p.a. from 28.05.2005 (last payment) till payment / realization.<br /> 6. The opposite parties are also directed to pay Rs. 5,000/- as costs of the present proceedings to the complainants.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 20TH DAY OF DECEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />