1.      Heard Mr. Aljo K. Joseph, Advocate for the appellants and Mr. Manenendra Pal Gupta, Advocate for the respondent.

2.      Above appeal has been filed from the order of the State Consumer Disputes Redressal Commission, Karnataka dated 17.08.2022, passed in CC/53/2020, partly allowing the complaint and directing the appellant to refund Rs.960000/- alongwith interest @ 18% p.a. from the date of receipts till realization and to pay Rs.50000/- towards litigation cost within 60 days from the date of the order.

3.      R. Arunkumar filed consumer complaint No.53 of 2020 with the State Commission for directing the opposite parties to (1) direct the opponents to return a sum of Rs.960000/- to the complainant alongwith 18% interest from the date of 07.08.2006 till date, in all total amount of Rs.3278400/-; (b) pay compensation of Rs.600000/- as compensation for deficiency in service, financial crisis, mental harassment; (c) pay a sum of Rs.30000/- being the litigation cost; and (d) any such order this Hon’ble Forum deems fit in the interest of justice and equity.

4.      The opposite parties offered allotment of site in the project known as “Sukheebhava”, layout Indlabele Village, Attibele Hobli, Anekal Taluk, Bengaluru Rural District. wherein the complainant also applied for allotment of site measuring 40’x60’ (2400 sq. ft.). Total cost of the site was Rs.12 lakhs, out of which the Complainant paid Rs.960000/- to opposite parties in the year 2007, but they failed to allot the site. Therefore, the complainant filed the complaint before the State Commission.

5.      The opposite parties contested the complaint by filing the written wherein they admitted the factum of receipt of payment of Rs.960000/- against booking of a site. It was stated that the site would be shortly allotted in fafour of the complainant. The opposite parties alleged that the complainant was not entitled for interest on the amount deposited by him.

6.      State Commission by impugned order dated 17.08.2022 partly allowed the complaint with the direction to the opposite parties to refund the amount of Rs.960000/- with interest @ 18% p.a. from the date of receipt till realization with litigation cost of Rs.50000/- within 60 days from the date of the order. The State Commission observed that the opposite parties had withheld the amount of the complainant for about 16 years and utilised the same either to develop their project or to purchase the land or for the reasons best known to them and failed to allot the site and form the layout plan.

7.      It is relevant to mention that on 19.07.2023 arguments of counsel for the parties were heard and judgment was reserved with liberty to the parties to file their written submissions. On 01.08.2023, counsel for the appellants filed written submissions alongwith copy of the allotment letter dated 25.07.2023. On 17.08.2023, the respondent was granted two weeks’ time to seek instructions in the matter and file reply, if any, and the matter was listed for 05.09.2023 for pronouncement of order. No one is present on behalf of the respondent/complainant nor has reply been filed.  

O R D E R

In view of the abovementioned discussion, the order of the State Commission is modified to the extent that the respondent shall make payment of the balance amount in terms of the allotment letter. Thereafter, the appellants shall execute the sale deed in favour of the respondent within one month from the date of clearance of the dues. The complainant is not entitled for any compensation. The appeal stands disposed of in above terms.