Complaint filed on: 04-08-2010 Disposed on: 21-10-2010 BEFORE THE BANGALORE IV ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 C.C.No.1740/2010 DATED THIS THE 21st OCTOBER 2010 PRESENT SRI.D.KRISHNAPPA., PRESIDENT SRI.GANGANARASAIAH., MEMBER SMT. ANITA SHIVAKUMAR. K, MEMBER Complainant: - Mr.Parag Sheshrao Landge, S/o. Mr.Sheshrao M.Landge, No.S, Prashanth Apartments, No.19, 5th cross, 5th main, C.V.P. Block, Ganganagar, Bangalore-32 V/s Opposite party: - M/s. Presidency Group, Skanda, No.895/1, 14th Cross, Mahalakshmi layout Bangalore – 86 Rep by its managing partner Mr.V.Bhaskar Reddy, O R D E R SRI. D.KRISHNAPPA., PRESIDENT., Brief facts of the complaint filed by the complainant against the OP are, that he influenced by the offer of the OP applied for purchase of a plot in the layout called as “Golbal City” at Kodige halli, K.R. Puram Hobli measuring 40’ X 60’. That he entered into an agreement with OP on 7/5/2007 for purchase of the said plot, paid 30% of the sital value amounting to Rs.6,86,400/- leaving balance Rs.13,72,800/- which was payable within three months after the approval is obtained. Thereafter he approached the OP several times even wrote a letter for which OP was giving evasive answers. The he gave a letter to One Bhaskar Reddy, the Managing Partner to refund the money who undertook to refund the money by January 2010 but has not refunded the same. The complainant attributing deficiency in the service of the OP has prayed for a direction to Op to refund his money with interest at 24% p.a. and to award compensation of Rs.2,50,000 with the cost. 2. OP who is duly served with the notice of this complaint remained absent is set exparte. 3. In the course of enquiry into the complaint, the complainant has not filed affidavit evidence, is taken as heard and perused the records. 4. The complainant besides narrating in the complaint in he having entered into an agreement for purchase of plot No.98 stated to have paid Rs.6,86,400/- as advance money towards the cost of the site and has produced a copy of agreement of sale. He has further narrated that he after finding delay in the response of the OP in keeping up his promise to provide a plot addressed a letter dated: 15-1-2009 demanding repayment of his money, for which the OP through his reply dated 6/10/2009 informed the complainant about the delay in getting the approval and promised doing the needful, again in the same letter the OP referring to the request of the complainant to refund the money promised him to refund Rs.6,86,400/- by January 2010. This letter is in the Letterhead of the OP complainant has stated the OP despite promising to refund the money has not refunded and thereby prayed for an order as prayed. 5. On going through the entire materials placed by the complainant we do not find any reasons to disbelieve the complainant’s case and his demand for refund of money as the result the complaint deserves to be allowed. With the result, we pass the following; ORDER Complaint is allowed. OP is directed to refund Rs.6,86,400/- with interest @ 16% p.a. from the date of respective payments till the date of repayment. Op shall refund the money with interest within 60 days from the date of this order. OP also pay cost of Rs.2,000/- to the complainant. Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this the 21st October 2010. MEMBER MEMBER PRESIDENT
| [HONORABLE Ganganarsaiah] Member[HONORABLE Sri D.Krishnappa] PRESIDENT[HONORABLE Anita Shivakumar. K] Member | |