COMPLAINTS FILED ON:30.01.2012
DISPOSED ON:05.07.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
5th DAY OF JULY-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.202/2012
Complainant | Bidlur Shivaprakash S/o B.R.Adhinarayan, Aged about 48 years, Presently residing at No.373, 42nd Cross, 1st Main, 8th Block, Jayanagar, Bangalore-560 082. Adv:Sri.H.Pavana Chandra Shetty V/s |
OPPOSITE PARTY | Royal Garden City Enterprises Private limited, A Company incorporated under the Companies Act,1956, Having its registered Office at No.10/5, Benson Cross Road, Benson Town, Bangalore-560 046, Represented by its CMD Collins Benjamin. Placed Ex-parte. |
O R D E R
SRI. B.S.REDDY, PRESIDENT
The complainant filed this complaint Under Section-12 of the Consumer Protection Act, 1986 seeking direction against the Opposite Party (herein after called as O.P) to refund an amount of Rs.17,00,000/- with interest at 24% p.a. and to pay compensation of Rs.2,00,000/- on the allegation of deficiency in service on the part of the OP.
2. The notice issued to OP was returned as not claimed and information delivered. Op failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, complainant filed affidavit evidence and produced documents.
4. Arguments from complainant’s side heard.
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 the Sales representative of the OP-Company approached complainant and persuaded to purchase a Villa to be constructed, by OP in the land Sy.Nos.53/1, 53/2, 63/1, 63/2 and 54 situated at Galipooje Village, Kasaba Hobli, Doddaballapur Taluk, Bangalore Rural District. The complainant was not provided with the brochures as promised. However in terms of booking agreement, the complainant has paid an amount of Rs.16,20,000/- and has signed the booking agreement. In terms of the booking agreement, the project had to be completed in 18/24 months and it was also agreed that a separate Construction Agreement would be entered into. However there was no progress in the project and OP has not executed any construction agreement and committed breach of the agreement. The complainant got issued Legal Notice dt.22.11.2010, calling upon the OP to refund the amount paid with interest at 24% p.a. OP has not complied the demand nor replied the notice. Though the complainant claims that he has paid Rs.17,00,000/- but the documents produced to show that only he has paid Rs.16,20,000/-. The act of OP neither developing the layout and constructing the Villa nor refunding the amount, amounts to deficiency in service. When OP was not able to fulfill its obligations, it would have been fair enough on its part to refund the amount received. The very fact of OP remaining ex-parte leads to draw inference that Op is admitting the claim of the complainant. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. The complainant is entitled for refund of the amount of Rs.16,20,000/- with interest at 18% p.a. by way of compensation from the respective date of payment, till the date of realization and 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 in part.
Op is directed to refund an amount of Rs.16,20,000/- 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.
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 5th day of JULY-2012.)
MEMBER PRESIDENT
Cs.
