COMPLAINT FILED: 23.08.2011
DISPOSED ON: 30.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30th DAY OF APRIL 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO. 1554/2011
Complainant | H.C. Marula Siddaiah, No.127, 3rd Block, 3rd Stage, Basaveswaranagar, Bangalore – 560 079. V/s. |
OPPOSITE PARTIES | My City No. 717, Poornashashi Complex, 2nd Floor, 2nd Stage, West of Chord Road, Modi Hospital Road, Basaveswaranagar, Bangalore – 560 086. Rep. by V. Bhaskar Reddy, Managing Partner. 2. Sri. R. Repunjaiah Reddy (T.R. Reddy) No.717, Poornashashi Complex, 2nd Floor, 2nd Stage, West of Chord Road, Modi Hospital Road, Basaveswaranagar, Bangalore – 560 086. Placed Ex-parte. |
O R D E R
Sri. B.S.REDDY, PRESIDENT
The complainant filed this complaint seeking direction against OPs to refund an amount of Rs.2,10,000/- with interest at the bank rate on the allegation of deficiency in service.
2. OP.1 though appeared through the Counsel, but not filed the version. OP.2 was served by intimation delivered, but failed to appear, hence placed ex-parte.
3. In order to substantiate complaint averments, the complainant filed affidavit evidence and produced documents.
4. Heard arguments from complainant’s side.
5. We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that OP.1 is a registered partnership firm represented by its Managing Partner and OP.2 is the partner of OP.1. In pursuance of the advertisement made by the OPs in respect of a layout called “My City” near Bidadi, on 22.02.2006, the complainant paid an amount of Rs.2,10,000/- (an amount of Rs.80,000/- through cheque and Rs.1,30,000/- by way of cash). OPs executed agreement dated 06.03.2006 stipulating the terms and conditions with regard to the allotment of site bearing No. 42 in the layout called “My City” at the rate of Rs.350/- per sq. feet and the said layout is formed in lands situated at Kallagopahalli Village, Heggadagere Village, Bidadi Hobli, Ramanagar Taluk. In the agreement deed OPs have acknowledged the receipt of an amount of Rs.80,000/- through cheque and an amount of Rs.1,30,000/- by way of cash on 22.02.2006. Inspite of receipt of the amount as initial sale consideration OPs failed to form any layout and allot a site. The complainant got issued the legal notice demanding for refunding of the amount paid, but OPs have not complied the demand. The act of OPs neither forming any layout and allotting the site nor refunding the amount received amounts to deficiency in service on their part. The very fact of OPs remaining ex-parte and not filing version leads to draw inference that OPs are admitting the claim of the complainant. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. Under these circumstances, we are of the view that the complainant is entitled for refund of the amount paid with interest at 18% p.a. by way of compensation along with litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed.
OPs are directed to refund an amount of Rs.2,10,000/- with interest at 18% p.a. from 06.03.2006 till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(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 30th day of APRIL 2012.)
MEMBER PRESIDENT
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