Date of Filing:15.02.2008<br /> Date of Order:16.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 16TH 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: 440 OF 2008<br /> <br /> 1. Smt. Kanakalatha Sinha<br /> W/o. Nityanand Sinha<br /> <br /> 2. Sri Nityanand Sinha<br /> S/o. Late Dayananda Sinha<br /> <br /> Both Residing at : D-26/2<br /> BRBNML Township<br /> Salboni, West Midnapore Dist.,<br /> West Bengal 721 132 Complainants<br /> <br /> V/S<br /> M/s. City Square Enterprises Pvt. Ltd.<br /> Office at # 3/2, 3rd Floor<br /> Royal Corner, K.H. Road<br /> Bangalore 560 027 Opposite Party<br /> <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 complainants 1 & 2 are wife and husband respectively. They have paid in all Rs. 60,000/- through cheques to the opposite party for purchase of flats in the layout known as Airport City-1 Layout at Nareganahalli Village, Devananhalli Taluk, Bangalore District. The opposite party had also executed agreement in the names of the complainants. Complainants have written several letters requesting the opposite party for property documents. Opposite party had also written letters and sent e-mails giving excuses for not allotting plots as Government approval were not obtained. Complainants have sent legal notice through their advocate. Notice was not replied. The opposite party finally agreed to refund the amount instead of allotment of sites. The opposite party by letter dated 18.09.2007 had agreed to refund the amount of Rs. 60,000/- along with interest of Rs. 15,000/- totally Rs. 75,000/- within 45 days. The opposite party did not come forward to pay the said amount as promised. Hence, complainants are constrained to file the complaint for a direction to the opposite party to pay Rs. 60,000/- plus interest of Rs. 36,244/- along with costs and compensation.<br /> 2. Notice issued to opposite party by RPAD. Notice was served. Inspite of service of notice opposite party has not appeared before this forum. The opposite party has not filed defence version. Therefore, the opposite party is placed as exparte. <br /> 3. Arguments of learned advocate for complainants are heard. I have gone through the complaint, documents and several correspondences between the parties. The opposite party has sent letter on 18.09.2007 admitting receipt of Rs. 60,000/- as advance amount for Airport City Project. The opposite party has also admitted that it is ready to pay Rs. 75,000/- to the complainants by the end of November 2007 and opposite party requested for kind co-operation. Inspite of this letter dated 18.09.2007 the opposite party has not paid the amount as promised. Therefore, the complainants were forced to issue legal notice demanding the amount. Legal notice also not answered. The complainants ultimately forced to file a complaint before this forum. The case made out by the complainants has gone unchallenged. The opposite party has not appeared and contested the matter. It appears that opposite party has no defence to make. That is why the opposite party has chosen to remain exparte. By accepting the case of the complainants and by looking into documents it is clear that the complainants were paid in all Rs. 60,000/- to the opposite party and the opposite party has failed to allot sites as promised at Airport Project. Therefore, the complainants are entitled to refund of the amount paid by them with interest. The complainant claimed interest at 18% p.a. in the complaint. This claim of interest is just, fair and reasonable. The Hon’ble National Commission in several cases is awarding interest at 18% p.a. Therefore, the opposite party shall be directed to pay Rs. 60,000/- plus interest calculated at Rs. 36,224/- till filing of the complaint. The total amount claimed by the complainant is Rs. 96,244/-. In the result we proceed to pass the following:<br /> ORDER<br /> <br /> 4. The Complaint is allowed. The opposite party is directed to pay Rs. 96,224/- to complainants. The complainants are also entitled to interest at 18% p.a. on principal amount of Rs. 60,000/- from the date of complaint till realization. <br /> 5. The opposite party is also directed to pay Rs. 6,000/- as costs of the present proceeding to the complainants. The opposite party is directed to comply the order within 30 days from the date of this order. The opposite party is directed to send the D.D. or Cheque to the complainants directly with intimation to this forum.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 16TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />