BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

 12^TH DAY OF MAY 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the GPA holder of Smt.Jyothi Giridhar Holla, under Section 12 of Consumer Protection Act, 1986 praying for an order against Opposite Party (herein after referred as OP) to refund principal amount along with interest and compensation totally a sum of Rs.9,92,400/- on the allegations of deficiency of service. 

2.      The brief averments made in the complaint are as follows:

OP is a company engaged in the real estate business of allotting sites in the residential layout.  OP promised the complainant that they are going to allot sites at Farm land Spanish Village and sale deed will be registered to those who became the member and have paid a sum of Rs.1,62,000/-. Complainant immediately took membership with OP vide membership No.819 and paid a sum of Rs.1,62,000/- on different dates starting from 08.06.1997 to 07.01.1998.  OP has issued receipts acknowledging the receipt of the amount and promised to registered site No.75 at Farm land Spanish Village without fail.  In the month of January 1998 complainant called OP several times. OP went on postponing the registration by giving an evasive reply. On 07.06.2013 complainant finally approached OP office and it was informed that only khatha extract working is pending for site No.75 at Farm land Spanish Village and registration date will be fixed within one week and same was endorsed on the membership book.  Complainant waited for one week as promised by OP.  After making several calls, OP failed to reply and failed to register the site.  Even after completion of two years from 07.06.2013, OP failed and neglected to execute the sale deed in favour of the complainant.  Though complainant was ready to get the sale deed registered in her favour.  OP is with-holding the amount for many years without having any reason.  Hence, complainant felt deficiency in service against OP.  Under the circumstances, she is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OP who in turn entered appearance through their counsel but failed to contest the matter by filing version or affidavit evidence.  Hence OP is placed exparte and posted the case for filing affidavit of the complainant.

4. In support of the complaint averments, Mr.G.Muralidhar Rao, who being the GPA holder of Smt.Jyothi Giridhar Holla filed his affidavit by way of evidence reiterating the complaint averments, produced documents and also filed written arguments.

5. The above said assertions of the complainant have remained unchallenged. OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. We have perused the documents produced by the complainant. Document No.1 is copy of the membership book bearing No.819 which shows payment of EMI of Rs.3,500/- by complainant to OP from 08.06.1997 to 07.11.1998 amounting to a sum of Rs.49,000/-. Document No.2 are copies of the six receipts issued by OP Company to the complainant Smt.Jyothi Giridhar Holla for having received a sum of Rs.30,000/- dated 08.06.1997, Rs.49,000/- dated 08.06.1997 consisting of payment made by way of instalments, Rs.20,000/- dated 21.07.1997, Rs.3,500/- dated 15.04.1997, Rs.7,000/- dated 16.10.1997 and Rs.52,500/- dated 07.01.1998 totally a sum of Rs.1,62,000/-.  Document No.3 is copy of the legal notice dated 22.06.2015 got issued on behalf of the complainant calling upon OP to refund Rs.1,62,000/- along with interest at 24% per annum and damages of Rs.1,00,000/- totally a sum of Rs.9,92,400/- within 15 days failing which complainant will constrained to take legal action in the competent court of law.  Document No.4 is copy of the GPA dated 12.02.2004 executed by Smt.Jyothi Giridhar Holla in favour of Mr.G.Muralidhar Rao.  Document No.5 is postal track record dated 25.06.2015 for having served the legal notice on OP.

7.  On perusal of oral and documentary evidence produced by the complainant it is clear that complainant with an intention to own a plot at Farm Land Spanish Village paid entire sale consideration amount of Rs.1,62,000/- to OP on different dates starting from 08.06.1997 to 07.11.1998, as per Document No.2, receipts issued by OP.  OP has promised to register the sale deed on the second week of January 1998.  OP has promised to fix the registration date within one week as per its endorsement made on 07.06.2013 on the membership book as per Document No.1 even after lapse of two years OP has failed to register the plot.  Left with no alternative complainant got issued legal notice dated 22.06.2015 calling upon OP to refund Rs.9,92,400/-  which is inclusive of principal, interest at 24% per annum and damages of Rs.1,50,000/- within 15 days as per Document No.3.  Inspite of service of notice as per Document No.5 OP neither reply to the notice nor refund the amount to the complainant till date.  Hence, this complaint.

8. From the available materials on record, it is crystal clear that having accepted a sum of Rs.1,62,000/- from the complainant during the period of 1997 to 1998, till date  OP neither register the site in favour of the complainant nor refunded the amount till date.  OP has failed to reply to legal notice.  Retention of amount for more than 18 years amounts to deficiency in service on the part of OP.  This act of OP amounts to deficiency in service on the part of OP.  We are satisfied that complainant proved deficiency in service against OP. Under the circumstances we are of the considered view that OP is liable to refund Rs.1,62,000/- along with interest at 18% per annum from the date of last payment i.e., 07.11.1998 till realization along with compensation of Rs.20,000/- towards mental agony and hardship caused to the complainant along with litigation cost of Rs.3,000/-.   Accordingly, we proceed to pass the following:

ORDER

1. The complaint filed by the complainant is allowed in part. 

2.  OP shall refund Rs.1,62,000/- to the complainant together with interest at 18% per annum from 07.11.1998 till realization.

3.  Further OP shall pay compensation of Rs.20,000/- towards mental agony and hardship caused to the complainant along with litigation cost of Rs.3,000/-.  

4. This order shall be complied within 30 days from the date of receipt of this order.

5. Supply free copy of this order to both the parties.

 (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  12^th day of May 2016)

MEMBER                                                           PRESIDENT

NRS* 

COMPLAINT NO.1403/2015

Witness examined on behalf of the complainant dated 11.02.2016 Sri.G.Muralidhar Rao

Witnesses examined on behalf of the OP – Nil

List of documents produced by the OP– Nil

MEMBER                                                           PRESIDENT