COMPLAINTS FILED ON:23.12.2011

DISPOSED ON:30.05.2012  

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

  30^th DAY OF MAY 2012

  PRESENT:-  SRI. B.S. REDDY                    PRESIDENT

                      SRI.A.MUNIYAPPA                     MEMBER               

COMPLAINT Nos. 2351/2011, 2352/2011

           & 2353/2011

COMMON ORDER

SRI. B.S.REDDY, PRESIDENT

These complaints are filed U/s. 12 of the Consumer Protection Act of 1986, by the respective complainants seeking direction against the Opposite Parties (herein after called as O.Ps) to execute the sale deed in respect of the sites allotted, alternatively to refund the sital deposit with interest at 24% p.a. along with compensation on the allegation of deficiency in service.

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

3.   The complainants in order to substantiate complaint averments each of these complainants filed affidavit evidence.

4.   Arguments from complainant’s side heard.

5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainants.    On the basis of these materials, it becomes clear that these Ops being the Company Directors of the different projects are engaged in Procurement and development of residential layouts and in real estate marketing in and around Bangalore, Mysore, Chikkaballapura District.   The complainants being lured away by the advertisement given by the Ops regarding the different projects applied for allotment of sites and deposited part of the sale consideration with Ops.   The complainant in complaint No.2351/2011 deposited an amount of Rs.2,52,000/- for allotment of site bearing No.310 in the layout called as “New County” situated at Ittamadu, Village, Bidadi Hobli, Ramanagaram Taluk, Bangalore Rural District. An amount of Rs.1,00,000/- was deposited through cheque dt.02.01.2008 and further sum of Rs.50,000/- was deposited through cheque dt.07.01.2008 and further cash of Rs.1,02,000/- was deposited on 04.01.2008.  Ops have executed agreement deed dt.23.01.2008 and the receipts acknowledging the receipt of these amounts.   Further Ops have also issued letter dt.03.07.2010 undertaking to repay the said amount by the end of September-2010 but till date Ops have not refunded the said amount.

            The complainant in complaint No.2352/2011 booked site No.167 in the layout called “Presidency Elite” situated at Doddamarahalli, Yelluvahally, Varamallenahalli Village, Nandi Hobli, Chikkaballapura Taluk, paid an amount of Rs.1,00,000/- through cheque dt.12.10.2007 and Rs.1,16,000/- in cash totally Rs.2,16,000/-.   Ops have issued the receipts and executed the agreement deed dt.15.11.2007 acknowledging the receipt of these amounts.   OPs had undertaken to refund the said amount through letter dt.03.07.2010, but till date Ops have not refunded the said amount.

            In complaint No.2353/2011 the complainant booked site bearing no.655 in the layout called as “My County” situated at Chikka Hullur Village, Kasaba Hobli, Hoskote Taluk, Bangalore Rural District paid an amount of Rs.2,50,000/- through cheque dt.11.10.2007, Rs.1,00,000/- through cheque dt.19.10.2007, further sum of Rs.1,00,000/- on 16.10.2007 through cheque and Rs.26,000/- on 16.10.2007 through cheque and Rs.1,00,000/- cash on 12.10.2007.   Ops have issued the receipts and executed the agreement deed dt.15.11.200 acknowledging the receipt of the amounts.   On 03.07.2010 Ops have issued the undertaking letter to repay the said advance amount by the end of September-2010 but till date Ops not refunded the amount.

                The complainants got issued legal notices dt.18.10.2011 demanding the OPs to execute the sale deeds in respect of the sites allotted but Ops failed to comply with the demand.   When Ops were unable to form any layout and execute the sale deeds in respect of the sites booked, it would have been fair enough on their part to refund the amounts received from these complainants.    The act of Ops neither forming any layouts and executing sale deeds in respect of the sites applied nor refunding the amount received towards part of the sale consideration, amounts to deficiency in service on their part.     The very fact of Ops remaining ex-parte leads to draw inference that Ops are admitting the claim of the complainants.     There is no reason to disbelieve the unchallenged affidavit evidence of the complainants coupled with the documents produced.   Under these circumstances, we are of the view that the complainants are entitled for refund of the amount paid to the Ops with interest at 18% p.a. by way of compensation along with litigation cost of Rs.2,000/- each.   Accordingly, we proceed to pass the following:

O R D E R

        The complaints filed by the complainants are allowed in part.

In complaint No.2351/2011 Ops are directed to refund an amount of Rs.2,52,000/- with interest at 18% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.2352/2011 Ops are directed to refund an amount of Rs.2,16,000/- with interest at 18% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.2353/2011 Ops are directed to refund an amount of Rs.5,76,000/- with interest at 18% p.a. from the respective date of payments 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.

This original order shall be kept in the file of the complaint No.2351/2011 and a copy of it shall be placed in other connected files.

 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 30^th day of MAY-2012.)

MEMBER                                               PRESIDENT

Cs.