COMMON ORDER

SRI. B.S.REDDY, PRESIDENT

These complaints are filed U/s. 12 of the Consumer Protection Act of 1986 seeking direction against the Opposite Parties (herein after called as O.Ps) to allot the sites, in the event of failure to refund the advance sale consideration paid with interest at 2% p.m. on the allegation of deficiency in service on the part of the OPs.

The Managing Partner of OPs in all these cases is common, the questions involved and the relief’s claimed being similar, in order to avoid the repetition of facts and multiplicity of reasoning’s all these complaints are stand disposed of by this common order.

2. In spite of service of notice, OPs failed to appear, hence placed ex-parte.

3.   In order to substantiate complaint averments, each of these complainants filed affidavit evidence.

4.   Arguments of the complainant’s side heard.

5.      We have gone through the complaint averments, the documents produced and the affidavit evidence of each of these complainants. The complainant in complaint No.1422/2011 has paid an amount of Rs.1,68,000/- to one V.Rama Murthy and had taken assignment letter in respect of site No.7 to be formed in M/s Royal Enclave, situated at Maratikyalanahalli Village, Jayapura Hobli, Mysore Taluk and District. The said V.Rama Murthy had paid sum of Rs.1,20,000/- on 22.04.2006 to the OPs, out of total sale consideration of Rs.4,32,000 and OPs have executed an agreement of sale on 09.08.2006 in respect of the said site in favour of V.Rama Murthy. OPs have agreed for this assignment and had agreed to convey plot No.363 in favour of the complainant by their letter dt.16.05.2010.

The complainant in complaint No.1423/2011 has paid sum of Rs.90,000/- on 12.07.2006 through cheque towards advance sale consideration for the site proposed to be allotted in M/s Royal County, situated at Huyilala Village, Yelavala Hobli, Mysore Taluk and District, out of the total sale consideration of Rs.3,60,000/- and OPs have executed an agreement of sale on 09.10.2006 acknowledging the receipt of advance amount.

The complainant in complaint No.1424/2011 has paid sum of Rs.2,50,000/- on 21.08.2006 to the OPs as an advance sale consideration, out of total amount of Rs.9,72,000/- in respect of site No.232 to be formed by the OPs in M/s Samyuktha Enclave at Kengeri Village, Kengeri Hobli, Bangalore South Taluk and OPs have executed an agreement of sale dt.05.12.2008.

The complainant in complaint No.1425/2011 has paid sum of Rs.1,80,000/- as an advance sale consideration for site No.491 to be formed in M/s New Citi, situated at Abbanakuppe Village, Ittamadu Village, Bidadi Hobli, Ramanagaram Taluk. Out of total consideration of Rs.5,61,000/- and OPs have executed an agreement of sale on 15.12.2006.

The complainant in complaint No.1426/2011 has paid sum of Rs.4,60,000/- on 14.12.2007 to the OPs as advance sale consideration for the site to be formed by OPs in M/s New Citi Layout. One Mr.Fakeeragowda S/o Shivannagowda also paid sum of Rs.4,60,000/- to the OPs towards advance sale consideration for the site to be formed in the said layout. Subsequently, there was mutual understanding between the complainant, said Fakeeragowda and OPs that the complainant has to settle the claim of the said Fakeeragowda and the amount payable by OP to the said Pakeeragowda is to be payable to the complainant. OPs have agreed to pay additional sum of Rs.3,31,000/- apart from the total payment of Rs.9,20,000/- (Rs.4,60,000/- paid by the complainant and Rs.4,60,000/- paid by said Fakeeragowda). Therefore, the amount payable by the OP to the complainant was Rs.12,51,000/-. Accordingly, the complainant settled all the claim of said Fakeeragowda. OPs agreed to convey site measuring 1200 sq.ft., to be formed by them in ‘Samyuktha Enclave’ at Kengeri Village, Kengeri Hobli, Bangalore South Taluk and the consideration for the site was fixed at Rs.10,51,000/- and since the amount payable by the OPs to the complainant is Rs.12,51,000/-, OPs agreed to repay the balance sum of Rs.2,00,000/- and the balance sum was the price for the said site. OPs executed the agreement of sale dt.24.03.2010. OPs have also issued a letter dt.24.03.2010. In terms of the said promise, the OPs have paid sum of Rs.50,000/- to the complainant on 05.10.2010 as per the endorsement made on the said letter leaving the balance sum of Rs.1,50,000/- payable to the complainant.

6. OPs being the developers forming residential layouts made these complainants to part with huge amounts as stated above and failed to fulfill their obligations of forming layout and allotting the sites as assured. The complainants demanded for refund of the amount paid as an advance and got issued legal notice dt.15.07.2011. OPs neither complied the demand nor replied for the legal notice. The act of OPs in not forming any layouts and allotting the sites nor refunding the advance sale consideration received amounts to deficiency in service on their part. There is no reason to disbelieve the unchallenged affidavit evidence of these complainants and the documents produced. The very fact of OPs remaining ex-parte leads to draw inference that OPs are admitting the claim of the complainants. Under these circumstances, we are of the view that OPs are to be directed to refund the amounts received from these complainants with interest at 18% p.a. along with litigation costs of Rs.2,000/- in each case. Accordingly, we proceed to pass the following:

O R D E R

The complaints filed by the complainants allowed in part.

In complaint No.1422/2011 OPs are directed to refund an amount of Rs.1,20,000/- with interest at 18% p.a. from 09.08.2006, till the date of realization and pay litigation costs of Rs.2,000/- to the complainant.

In complaint No.1423/2011 OPs are directed to refund an amount of Rs.90,000/- with interest at 18% p.a. from 09.10.2006, till the date of realization and pay litigation costs of Rs.2,000/- to the complainant.

In complaint No.1424/2011 OPs are directed to refund an amount of Rs.2,50,000/- with interest at 18% p.a. from 05.12.2008, till the date of realization and pay litigation costs of Rs.2,000/- to the complainant.

In complaint No.1425/2011 OPs are directed to refund an amount of Rs.1,80,000/- with interest at 18% p.a. from 15.12.2006, till the date of realization and pay litigation costs of Rs.2,000/- to the complainant.

In complaint No.1426/2011 OPs are directed to refund an amount of Rs.10,51,000/- with interest at 18% p.a. from 24.03.2010, till the date of realization and further sum of Rs.1,50,000/- with interest at 18%.p.a. from 05.10.2010 till realization along with litigation costs of Rs.2,000/- to the complainant.

 OPs to comply the order within four weeks from the date of this order.

Send the copy of this order to both the parties free of cost.

This original order shall be kept in the file of the complaint No.1422/2011 and a copy of it shall be placed in other complaint.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 31^st day of OCTOBER– 2011.)

MEMBER                           MEMBER                       PRESIDENT

Cs.