CC No.1901.2015

Filed on 23.11.2015

Disposed on.22.01.2018

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE– 560 027.

DATED THIS THE 22^nd DAY OF JANUARY 2018

CONSUMER COMPLAINT NO.1901/2015

PRESENT:

Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

        PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                     MEMBER

                                         V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 23.11.2015 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Party to refund the amount of Rs.94,000/- along with interest at the rate of 24% p.a. and to pay compensation of Rs.5,00,000/- and other reliefs. 

2. The brief facts of the complaint can be stated as under:-

In the Complaint, the Complainant alleges that the Opposite Party agent approached the Complainant and canvassed about the membership and also about the Farm and convinced the Complainant to become a member and Opposite Party received total membership amount of Rs.86,000/- from 09.08.1995 to 14.09.1998 by way of cash and also through a pass book No.369.  The payment made by the Complainant by way of cash to Opposite Party.  The Opposite Party has assured the Complainant to provide a Farm at measuring 4½ guntas land may be registered in favour of the Complainant in Sy.No.7 situated at Kenchanahalli Village, Nelamangala Taluk, Bangalore Rural District. As per the terms and mode of payment the Complainant has paid in 38 easy installments of Rs.2,000/- each.  An initial payment of Rs.10,000/- has been paid along with first installment.  The Opposite Party received totally for a sum of Rs.94,000/- from the Complainant.  As per the Opposite Party directions the Complainant paid up 38 installments to Opposite Party.  The Opposite Party has issued endorsement and acknowledgment receipt to Complainant.  As per the Opposite Party assurance and demand the Complainant paid the 38 installment amount to Opposite Party, subsequently the Complainant ready to pay the balance installments amount, but he Opposite Party shifted his office without intimated to the members, but the Complainant was ready to pay the entire installments.  The Opposite Party intentionally and also cheating minded, he shifted to his office without intimated.  The Opposite Party has executed an agreement dt.15.09.1995.  As per the terms of the agreement, the Complainant should pay the entire amount upon which Opposite Party would register Farm in the name of the Complainant.  Believing the Opposite Party words the Complainant paid the installment amount along with the development charges to the Opposite Party.  After receiving the amount from Complainant the Opposite Party has changed the Office one address to another address again and again without intimation of the Complainant.  So it was very difficult to trace the same by the Complainant.  Subsequently the Complainant obtained the Director of the Opposite Party telephone number from some other persons very recently and telephoned and visited Opposite Party present office address and residence address for pay the balance amount and registration of the Farm house in favour of the Complainant.  But the Opposite Party has assured the Complainant and requested to grant some time, the Complainant waited all these days, but Opposite Party has not do as per his promise.   When the Complainant visited the office of the Opposite Party and enquired.  In spite of repeated request the Opposite Party has not responded properly.  Immediately the Complainant visited new office of the Opposite Party and requested refund the amount, which was paid by the Complainant to Opposite Party.  Then Opposite Party has given one reason or the other and postponed to refund the amount.  The Complainant visited number of times and requested and demanded the Opposite Party to make repayment of Rs.94,000/- along with the interest amount, then Opposite Party has told to Complainant to grant some more time.  Believing the words of the Opposite Party all these days and years the Complainant waited, but no response came from Opposite Party side till today.  The Opposite Party has assured the Complainant to provide the Farm house measuring 4½ guntas land may be registered in favour of Complainant in Sy.No.7, situated at Kenchanahalli Village, Nelamangala Taluk, Bangalore Rural District. Whenever the Complainant and other members approached the Opposite Party has been demanding extra money from such members, which is illegal and uncalled for, without showing any progress Opposite Party is expecting further sum from the members, who are dreaming of owning a Farm house and free plantation in the Farm house including this Complainant also.  The Opposite Party’s act of always demanding money from the members, caused mental agony to such members including this Complainant also.  Hence the Complainant decided to take back the money which he had paid for the above said reasons.  The Complainant has waited all these days with a hope that Opposite Party will return the membership amount paid by Complainant.  Since the Opposite Party has failed to make any payment to Complainant.  The Complainant issued Legal Notice dt.19.10.2015 to Opposite Party through RPAD and Speed post and also email address to the Opposite Party’s New Office address and Residential address and the said residential address notice were returned Left the Address.  But the legal notice issued to the Opposite Party through E-mail served on the Opposite Party address.  After service of the notice to the Opposite Party never return the membership amount along with interest.  Hence this complaint.

3. Even though, notice was served on the Opposite Party, Opposite Party fails to put their appearance. Hence placed ex-parte.   

4. The Complainant, Sri.Sirinivasa Murthy T.S filed his affidavit by way of evidence and closed his side.  Heard Arguments.    

 5.     The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ?
2. If so, to what relief the Complainant is entitled ?

6.     Our findings on the above points are:-

                POINT (1):-  Affirmative

                POINT (2):-  As per the final Order

REASONS

7. POINT NO.1:- It is the case of the Complainant that the Opposite Party Agent approached the Complainant and canvassed about the membership and also about the Farm and convinced the Complainant to become a member. The Complainant totally paid a sum of Rs.94,000/-. The Opposite Party has assured the Complainant to provide a Farm at measuring 4½ guntas land may be registered in favour of the Complainant in Sy.No.7 situated at Kenchanahalli Village, Nelamangala Taluk, Bangalore Rural District. As per the terms and mode of payment, the Complainant has paid Rs.94,000/- in 38 easy installments.  The Complainant ready to pay the balance installment amount, but the Opposite Party shifted his office without intimation, the Complainant was ready to pay the entire installments.  The Opposite Party has executed an Agreement dt.15.09.1995.  The Complainant believing the Opposite Party words, the Complainant paid the installment amount along with the development charges to the Opposite Party.  After receiving the amount from the Complainant the Opposite Party has changed the Office one address to another address again and again without intimation of the Complainant.  The Complainant obtained the Director of the Opposite Party telephone number and visited Opposite Party present office address and residence address to pay the balance amount and to get it registration of the Farm house in favour of the Complainant.  But the Opposite Party has assured the Complainant and requested to grant some time, the Complainant waited all these days, but Opposite Party has not keep up his promise.   Inspite of repeated request to the Opposite Party, the Opposite Party has not responded properly.  The Complainant visited new office of the Opposite Party and requested for refund of the amount, which was paid by the Complainant, but Opposite Party fails to refund the amount.  Finally, the Complainant got issued Legal Notice dt.19.10.2015 demanding to refund the amount of Rs.94,000/- together with interest through RPAD and also email.  The notice was issued to the Opposite Party through registered Post returned with a ‘Shara’ as left.  Even though the notice was served to the Opposite Party, the Opposite Party fails to comply with the demand made in the Legal Notice nor issued any reply.

8. These facts are not denied or disputed by the Opposite Party.  Further in order to substantiate this fact, the Complainant in his sworn testimony, he has reiterated the same and produced the Pass Book.  As looking into the Pass Book issued by the Opposite Party.  It is clear that the Complainant has paid Rs.84,000/- in 42 installments and also produced 38 receipts.  By looking into these receipts and also Pass Book, it is clear that the Complainant has paid sum of Rs.84,000/- in 42 installments of Rs.2,000/- each and also produced cheque dt.09.08.1995 under receipt No.2086, the Opposite Party has received a sum of Rs.10,000/- from the Complainant. So in all, the Complainant had totally paid a sum of Rs.94,000/-.  This evidence of the Complainant has not been challenged by the Opposite Party.   To disbelieve the evidence of the Complainant.  Therefore, it is proper to accept the contention of the Complainant that the Complainant has paid total sum of Rs.94,000/- infavour of the Opposite Party an installment of Rs.2,000/- each and also produced the Agreement executed by the Opposite Party infavour of the Complainant it is dt.15.09.1995.  As looking into this Agreement, it is clear that the Opposite Party is promoting Farm Land at Kenchanahalli, Nelamangala Taluk, Bangalore District, named Golden Green Farms & Resorts (P) Limited.  Under an installment Scheme, the members are permitted to purchase of 5000 Sq.ft for a total sum of Rs.1,48,000/- payable in 59 installments of Rs.2,000/- per month along with development charges of Rs.20,000/-.  Further it reveals that the Opposite Party have received a sum of Rs.10,000/- from the Complainant under receipt No.2086 dt.09.08.1995 towards reservation of a plot bearing No.305, Pass Book No.369.  Even this evidence of the Complainant is also not been disputed or challenged by the Opposite Party.  To disbelieve the evidence of the Complainant.  Therefore, it is proper to accept the contention of the Complainant that the Opposite Party has executed an Agreement dt.15^th September 1995 infavour of the Complainant by receiving an initial amount of Rs.10,000/- towards the reservation of a plot bearing No.305. 

9.  Further in the evidence of the Complainant, it is clear that the Complainant approached the Opposite Party at several time and he is ready to pay the balance amount and to get register the Farm in his favour, but Opposite Party fails to get register the Farm by receiving balance amount in terms of the Agreement dt.15.09.1995.  For that reason, the Complainant got issued Legal Notice on 19.10.2015 through registered Post and also email.  The Legal Notice was issued to the Opposite Party through registered post returned unserved with a ‘Shara’ as left.  But the legal Notice issued through email was served on the Opposite Party, even though the notice was served on the Opposite Party through email but the Opposite Party failed to refund the amount of Rs.94,000/- with interest and also fails to issue any reply.  This evidence clearly goes to show that even though the Opposite Party has received substantial amount of Rs.94,000/- from the Complainant and promise to registered a Farm house measuring 4½ guntas land, but in spite of demand and request made by the Complainant fails to registered the same infavour of the Complainant by receiving the balance amount this amounts to deficiency of service on the part of the Opposite Party and Opposite Party by collecting the amount utilizing the said amount for his business purpose, thereby it causes huge loss to the Complainant since 1995, thereby the Complainant has to compensate for his loss.  Therefore, the Complainant is entitled for interest at 18% p.a. on 01.10.1998 as law laid down in Ghaziabad Development Authority V/s Balbir Singh. 

10. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The Complaint is allowed holding that there is deficiency in service by the Opposite Party. 

The Opposite Party is directed to refund the advance amount of Rs.94,000/- along with interest at the rate of 18% p.a. from 01.10.1998 till the date of payment.

The Opposite Party is further directed to pay sum of Rs.5,000/- as cost to the Complainant.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 22^nd day of January 2018)

        MEMBER                                          PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Sirinivasa Murthy T.S, who being the Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Original Pass Book No.369.
2. Original Agreementdt.15.09.1995.
3. Original Cash Paid Receipts to the Opposite Party by the Complainant in 39 Numbers.
4. Office copy of Legal Notice dt.19.10.2015.
5. Postal receipts.
6. Returned RPAD Covers.
7. Email extract dt.19.10.2015.

Witness examined on behalf of the Opposite Parties:

-NIL-

List of documents filed by the Opposite Party:

-NIL-

  MEMBER                                                                           PRESIDENT