M/s.Granity Properties Pvt. Ltd Rep. by its MD Ashfak Ahmed Moulana Aajaj Ahmed, Director Mr. Ashfak Ahmed, MD of M/s. Granity Properties Pvt., Ltd., Mr. Ashfak Pasha Director of M/s. Granity Properties Pvt., Ltd., Orange Properties Pvt., Ltd.,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of filing : 23.06.2010 Date of Order: 30.12.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 30TH DAY OF DECEMBER 2010 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 1434 OF 2010 Mr. Sthanu Subramanian.S S/o K.Salvadi, R/at No.20, Sree Narayana Nilaya, Thambuchetty Road, Cox Town, Bangalore-5. Complainant V/S 1) M/s. Granity Properties Pvt., Ltd., No.43 3rd Cross, 10th A Main, Indiranagar 2nd Stage, Indiranagar, Bangalore-38. Rep. by its MD Ashfak Ahmed S/o Moulana Sab 2) Mr.Ashfak Ahmed, S/o Moulana Sab MD, Grnaity Properties Pvt., Ltd., No.43, 3rd Cross, 10th A Main, Indiranagar, Bangalore-38. 3) Mr.Ashfak Pasha, S/o Moulana Sab, Director of M/s.Granity Properties Pvt., Ltd., 74, Masjid Road, Krishnarajapuram P.O Bangalore-36. 4) Mr. Moulana Aajaz Ahmed Director of M/s. Granity Properties Pvt. Ltd., No.74, Jahangir Manzil, Masjid Road, Krishnarajapuram Post, Bangalore-36. Opposite parties ORDER By the President Sri S.S. Nagarale This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. 1. The brief facts of the case are that, the complainant has paid in all Rs.3,37,500/- to the opposite party as advance through cheques for site to be formed at Haradanahalli, Bangalore District Taluk. The complainant called upon the opposite parties to know about the status of the project. In spite of laps of 2 years from the date of agreement of sale the opposite parties have kept on giving false assurances. There is no progress in the project. The complainant suffered mentally and physically and economically on account of failure to form the layout by the opposite parties. Therefore, the complainant has prayed for direction to the opposite parties to refund Rs.3,37,500/- with interest. 2. After admitting the complaint, the notice was sent to the opposite parties. Opposite party No.1&2 appeared through advocate and opposite party No.3 & 4 remained absent. The opposite party No.2 filed defense version. There is no denial of payment of amount through cheques. There is no denial of agreement of sale entered into between two parties. The opposite party No.2 has not taken any specific defense in the version. The opposite party No.1 has not filed defense version. The opposite party No.1 & 2 has also not filed their affidavit evidence. The complainant has filed his affidavit evidence. Arguments are heard. 3. The points for consideration are: 1. Whether the opposite party had committed deficiency of service? 2. Whether the complainant is entitled for the relief? REASONS 4. The complainant has paid Rs.2,00,000/- by way of cheque dated 28-6-2008 drawn on Citi Bank, Bangalore and another sum of Rs.1,37,500/- was paid by way of cheque dated 2-9-2008 drawn on Citi Bank, Bangalore. In this way the complainant has paid in all Rs.3,37,500/- to the opposite party. Agreement of sale had been executed by the opposite party No.1 through MD. The said document is produced. There is no specific denial of payment made by the complainant. Therefore, the case of the complainant shall have to be accepted as true and correct. The complainant could not get the site as per the agreement. The complainant demanded the refund of amount. The opposite parties committed deficiency in service in not forming the layout. Therefore, the complainant is entitled for refund of the amount paid to the opposite party with interest at 12% p.a. from the date of respective payment till realization. In the result, I proceed to pass the following:- ORDER 5. The complaint is allowed. The opposite party No.1 to 4 are directed to refund Rs.3,37,500/- to the complainant within 60 days from the date of this order along with interest at 12% p.a. from the date of respective payments made by the complainant till the date of refund. 6. The complainant is also entitled Rs.2,000/- as cost of the present proceeding from the opposite parties. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 30TH DAY OF DECEMBER 2010. Order accordingly, PRESIDENT We concur the above findings MEMBER MEMBER
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