COMPLAINT FILED ON: 19.11.2010
DISPOSED ON: 13.04.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
13TH APRIL 2011
PRESENT:- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2613/2010
ComplainantS | 1. Sri. P. Gangaraju, S/o Venkatram, Aged about 35 years, R/at No.9, 1st ‘G’ Cross, 8th ‘A’ Main, 3rd Stage, 4th Block, Basaveshwaranagar, Bangalore – 79. 2. Sri. T. Ravindra Reddy, S/o T. Chandra Reddy, Aged about 32 years, C/o Venkatappa, No.14, 2nd Cross, Harlimara Road, (Near Krupa Clinic) Kamakshipalya, Bangalore – 79. Advocate: Sri. S.V. Manjunatha & Others V/s. |
OPPOSITE PARTIES | 1. M/s Sai Sreenidi Projects, Partnership firm, Having office at No.4, First Floor, KJN Towers, 21st Main, Near BDA Complex, B.S.K. 2nd Stage, Bangalore – 70. Rep: by its Partner Sri. K. Sivaraj Naidu. 2. Sri. Sivaraj Naidu, Partner, Having Office at No.4, First Floor, KJN Towers, 21st Main, Near BDA Complex, B.S.K. 2nd Stage, Bangalore – 70. Ex-Parte |
O R D E R S
SRI. B.S. REDDY, PRESIDENT
The complainants filed this complaint U/s 12 of the C.P. Act, 1986 seeking direction against the Opposite Parties (herein after called as O.Ps.) to pay a sum of Rs.2,00,000/- with interest at 24% p.a. and to pay an amount of Rs.10,000/- as damages for mental agony; on the allegations of deficiency in service on the part of the OPs.
2. Inspite of service of notice OPs failed to appear before this Forum, hence placed ex-parte.
3. The complainant No.1 filed affidavit evidence.
4. Heard from complainant side.
5. From the complaint averments and affidavit evidence of the complainant, the documents produced; it is crystal clear that OP-1 is the partnership firm and OP-2 being its partner engaged in the business of builders and developers made these complainants to invest Rs.2,00,000/- with an agreement that they would develop the layout within 24 months from the date of agreement and execute the sale deed in respect of the site formed
in the layout known as “M/s Sai Sreenidi Projects”. The complainants have paid an amount of Rs.50,000/- in cash Rs.39,000/- through cheque dated 11.10.2006 and Rs.1,11,000/- through cheque. OPs have executed the agreement deed on 13.11.2006; the copy of which has been produced; reveals that the balance consideration of Rs.3,40,000/- was agreed to be paid at the time of registration and further OPs undertaken that in the event of their failure to develop the layout within the stipulated period of 24 months; they would refund the amount received with interest at 24% p.a. Since OPs failed to develop the layout within the stipulated period, the complainants demanded to repay the amount with interest. OPs issued a cheque bearing No.285820 dated 31.08.2009 drawn on ICICI Bank, Jayanagar Branch, Bangalore in favour of the complainant No.2 for an amount of Rs.1,00,000/- towards part payment. The said cheque when presented was dishonoured. The complainants have initiated criminal proceedings against OPs in C.C. No.9302/2010; the same is pending for adjudication before 16th ACCM at Bangalore. For the legal notice dated 17.08.2010 issued to the OPs seeking refund of the entire amount with interest; was not replied by OPs. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant No.1 and the documents produced. The very fact of OPs remaining ex-parte leads to draw inference that OPs are admitting all the allegations made in the complaint in toto. The act of OPs in not refunding the amount nor developing the layout as promised, amounts to deficiency in service on the part of the OPs. The complainants are entitled for refund of the amount with interest at 24% p.a. as agreed under the deed of agreement executed by OPs. Accordingly we proceed to pass the following:
O R D E R
The complaint filed by the complainants allowed in part. OPs are directed to refund an amount of Rs.2,00,000/- with interest at 24% p.a. from the date of respective payments till the date of realization and to pay litigation cost of Rs.2,000/- to the complainants. This order is to be complied within four weeks from the date of this order.
Send the copy of this order to both the parties free of cost.
(Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 13th day of April – 2011.)
PRESIDENT
MEMBER MEMBER
Snm:
