| Final Order / Judgement | Complaints Filed on:17.05.2016 | Disposed On:17.09.2016 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN 17th DAY OF SEPTEMBER 2016 PRESENT:- | SRI. P.V SINGRI | PRESIDENT | | SMT. M. YASHODHAMMA | MEMBER | | SMT. P.K SHANTHA | MEMBER |
COMPLAINT Nos.725/2016, 726/2016, 727/2016 & 732/2016 |
COMPLAINT No.725/2016 COMPLAINANT | Sri.K.N Ravi, S/o K.Nagappa, R/at No.18, 5th A Main, Punyabhoomi Layout, Kalkere, Bangalore-560 043. | COMPLAINT No.726/2016 COMPLAINANT | Sri.K.N Sridhara, S/o K.Nagappa, Major, R/at C/o Sheetal Collections, Bangalore Road, Challakere, Chitradurga District. | COMPLAINT No.727/2016 COMPLAINANT | Sri.Raghavendra G. Hittalamani, S/o Gurunatha Gouda, R/at No.520, 1st B Cross, 3rd Stage, 4th Block, Basaveshwara Nagara, Bangalore-560 079. Advocate – Sri.Ramesh V/s | Opposite party/s | 1) M/s. New County, Registered office at No.717, Poornashashi Complex, 2nd Floor, 2nd Stage, West of Chord Road, Modi Hospital Road, Basaveshwara Nagar, Bangalore-560 086. Represented by its Partner Sri.Bhaskar Reddy And also residing at Residential address Sri. Bhaskar Reddy, S/o Bala Venkata Reddy, R/at No.1, Srikrishna Avenue, “SHRESTHA”, Doddakallasandra, Near Macualoy Slcod, Kanakapura Road, Bangalore. 2) Sri.T Ripunjaya Reddy, S/o Raghava Reddy, R/a 604, Vaishnavi Pradise, Sangam Circle, Jayanagar, Bangalore. | COMPLAINT No.732/2016 COMPLAINANT | Smt.N.S Shyla, W/o Nagaraj K.S, Aged about 56 years, R/a Rajagopal Compound, 6th Cross, Vidya Nagar, Tumkur. Advocate – Sri.Ramesha V/s. | OPPOSITE PARTIes | 1) M/s. New County, Registered office at No.895/1, ‘Skanda’, 14th Cross, Mahalakshmi Layout, Bangalore-086. Represented by its Director, Bhaskar Reddy / 2) Sri. Bhaskar Reddy, S/o Bala Venkata Reddy, Aged about 48 years, R/at No.1, Srikrishna Avenue, “SHRESTHA”, Doddakallasandra, Near Macualoy Slcod, Kanakapura Road, Bangalore. 3) Sri.T Ripunjaya Reddy, S/o Raghava Reddy, Aged about 47 years, R/a No.604, Vaishnavi Pradise, Sangam Circle, Jayanagar, Bangalore-011. |
O R D E R SRI. P.V SINGRI, PRESIDENT All these complaints have been filed U/s.12 of the Consumer Protection Act, 1986 by the different complainants against one and the same OPs. 2. Since the issues involved in all these complaints are one and the same. Therefore, all these complaints have been clubbed together and are disposed off under this common order. 3. The complainants in all these complaints prayed for an order directing the OPs to refund the advance amount paid by them towards purchase of residential sites under the name and style “New County” together with interest @ 24% p.a and compensation with litigation cost. 4. The OPs are engaged in development and formation of residential layouts in and around Bangalore and selling the sites to various persons. OPs proposed to develop a residential layout under the name and style “New County” in various survey numbers in the limits of Ittamadu Village, Bidadi Hobli, Ramanagara Taluk and District. Attracted by the advertisements and brochures published by the OPs the complainants decided to purchase residential site for each one of them and accordingly they made payment to the OP towards advance as per the following table. Sl
No. | Complaint No. | Project Name | Total consideration amount | Advance amount paid | Legal
notice date | 1) | 725/2016 | New County | Rs.9,37,500/- | Rs.3,12,500/- | 02.02.2016 | 2) | 726/2016 | New County | Rs.9,37,500/- | Rs.3,12,500/- | 02.02.2016 | 3) | 727/2016 | New County | Rs.9,37,500/- | Rs.3,12,500/- | 02.02.2016 | 4) | 732/2016 | New County | Rs.9,90,000/- | Rs.3,60,000/- | 05.03.2016 |
5. OPs executed receipts in favour of each one of the complainants for having received the advance amount as mentioned above and also executed agreement of sale with a promise to develop the residential layout within reasonable time and directed the complainants to pay the balance amount within a month from the date of obtaining approvals from the competent authorities and get the sites registered in their name. However, the OPs thereafter failed to develop the layout even after 5-6 years from the date of receipt of the advance amount and execution of agreement of sale. Fed-up by the delaying tactics adopted by the OPs, the complainants decided to demand refund of the advance amount paid by each one of them. Though the OPs promised to refund the amount but went on protracting the same. Therefore, the complainants got issued legal notice to the OPs. Despite the said notice, OPs failed to refund the advance amount. Having left with no other choice, the complainants are now before this Forum. 6. After admitting the complaints registered notices were issued to the OPs. Despite service of notice, the OPs failed to appear and contest in complaints. Therefore they are placed ex-parte. 7. Thereafter each of the complainants filed their affidavit evidence reiterating the allegations made in their respective complaints. Complainants have produced the receipts issued by the OPs for having received advance amount from them. The complainants have also produced the copies of agreement of sale executed by the OPs. OPs have failed to contest the complaints by filing their version or affidavit evidence. Therefore, we have no reason to disbelieve the allegations made in each of the complaints. 8. The allegations made in the complaints, sworn testimony of the complainants coupled with copies of receipts and agreement of sale establishes that OPs having received an advance amount of Rs.3,12,500/- each from the complainants in complaint No.725/2016, 726/2016 & 727/2016 out of sale consideration of Rs.9,37,500/- and in complaint No.732/2016 OPs having received an advance amount of Rs.3,60,000/- out of sale consideration of Rs.9,90,000/- executed agreement of sales as well as receipts for having received the said amount but failed to develop the layout and also have failed to refund the advance amount despite repeated requests and legal notice. 9. The conduct of OPs in not developing the residential layout even after 6-7 years from the date of receipt of advance amount and execution of agreements of sale amounts to grave deficiency of service. The said conduct of OPs must have put the complainant’s to great inconvenience, hardship and mental agony. Therefore, the OPs have to be directed to pay adequate compensation to each one of the complainants apart from refunding the advance amount received by them together with litigation cost. 10. In the result, we proceed to pass the following: O R D E R The complaints filed by the complainants U/s.12 of the Consumer Protection Act, 1986 are allowed in part. The OPs in complaint No.725/2016 are jointly and severally directed to refund advance amount of Rs.3,12,500/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. Further OPs are directed to pay compensation of Rs.1,00,000/- to the complainant along with litigation cost of Rs.3,000/-. The OPs in complaint No.726/2016 are jointly and severally directed to refund advance amount of Rs.3,12,500/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. Further OPs are directed to pay compensation of Rs.1,00,000/- to the complainant along with litigation cost of Rs.3,000/-. The OPs in complaint No.727/2016 are jointly and severally directed to refund advance amount of Rs.3,12,500/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. Further OPs are directed to pay compensation of Rs.1,00,000/- to the complainant along with litigation cost of Rs.3,000/-. The OPs in complaint No.732/2016 are jointly and severally directed to refund advance amount of Rs.3,60,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. Further OPs are directed to pay compensation of Rs.1,00,000/- to the complainant along with litigation cost of Rs.3,000/-. The OPs shall comply the order passed by this Forum within four weeks from today. Send the copy of the order to both the parties free of costs. This original order shall be kept in complaint No.725/2016 and a copy of it shall be placed in other connected files. (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 17th day of September 2016) MEMBER MEMBER PRESIDENT
Vln*
COMPLAINT Nos.725/2016, 726/2016, 727/2016 & 732/2016 |
COMPLAINT No.725/2016 COMPLAINANT | Sri.K.N Ravi, Bangalore-560 043. | COMPLAINT No.726/2016 COMPLAINANT | Sri.K.N Sridhara, Bangalore Road, Challakere, Chitradurga District. | COMPLAINT No.727/2016 COMPLAINANT | Sri.Raghavendra G. Hittalamani, Basaveshwara Nagara, Bangalore-560 079. V/s | Opposite party/s | 1) M/s. New County, Registered office at No.717, Basaveshwara Nagar, Bangalore-560 086. Represented by its Partner Sri.Bhaskar Reddy And also residing at Residential address Sri. Bhaskar Reddy, Kanakapura Road, Bangalore. 2) Sri.T Ripunjaya Reddy, Sangam Circle, Jayanagar, Bangalore. | COMPLAINT No.732/2016 COMPLAINANT | Smt.N.S Shyla, 6th Cross, Vidya Nagar, Tumkur. V/s. | OPPOSITE PARTIes | 1) M/s. New County, Registered office at No.895/1, ‘Bangalore-560 086. Represented by its Partner Sri.Bhaskar Reddy / 2) Sri. Bhaskar Reddy, Kanakapura Road, Bangalore. 3) Sri.T Ripunjaya Reddy, Sangam Circle, Jayanagar, Bangalore-011. |
Witnesses examined on behalf of the complainant/s dated 11.07.2016. 1) | Sri.K.N Ravi, (Complaint No.725/2016) | 2) | Sri.K.N Sridhara, (Complaint No.726/2016) | 3) | Sri.Raghavendra G. Hittalamani, (Complaint No.727/2016) | 4) | Smt.N.S Shyla, (Complaint No.732/2016) |
Documents produced by the complainant:
(Complaint No.725/2016) 1) | Document No.1 is the copy of agreement of sale dated 10.01.2008 between OP-1 and complainant. | 2) | Document No.2 is the copy of receipt dated 07.01.2008 for Rs.2,00,000/- issued by OP to the complainant. | 3) | Document No.3 is the copy of legal notice dated 02.02.2016 | 4) | Document No.4 is the returned RPAD postal covers. (3) |
Documents produced by the complainant:
(Complaint No.726/2016) 1) | Document No.1 is the copy of agreement of sale dated 10.01.2008 between OP-1 and complainant. | 2) | Document No.2 is the copy of receipt dated 09.01.2008 for Rs.2,50,000/- issued by OP to the complainant. | 3) | Document No.3 is the copy of legal notice dated 02.02.2016 | 4) | Document No.4 is the returned RPAD postal covers. (3) |
Documents produced by the complainant:
(Complaint No.727/2016) 1) | Document No.1 is the copy of agreement of sale dated 19.01.2008 between OP-1 and complainant. | 2) | Document No.2 is the copies of receipts issued by OP to the complainant. | 3) | Document No.3 is the copy of legal notice dated 02.02.2016 | 4) | Document No.4 is the returned RPAD postal covers. (3) |
Documents produced by the complainant:
(Complaint No.732/2016) 1) | Document No.1 is the copies of receipt No.26, dated 16.03.2008 for Rs.1,70,000/- & receipt dated 16.03.2008 for Rs.1,90,000/- issued by OP to the complainant. | 2) | Document No.2 is the copy of agreement of sale dated 22.03.2008 between OP-1 and complainant. | 3) | Document No.3 is the copy of legal notice dated 05.03.2016. | 4) | Document No.4 is the returned RPAD postal covers. (3) |
OPs - Absent MEMBER MEMBER PRESIDENT Vln* | |
