Karnataka

Bellary

CC/208/2014

Basavanagouda Betageri, - Complainant(s)

Versus

Shivajyothi Township Promoters Pvt. Ltd., - Opp.Party(s)

M.V.MUDGAL

26 Mar 2015

ORDER

FILED ON:	15-12-2014
ORDER ON:	26-03-2015

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BELLARY

 

C.C.No.208 of 2014     

 

 

  Present:  

 

 

  (1)   Shri. R.Bandachar,

                                          B.Com, LL.B.  (Spl) ……    President

                                                                                            (in-charge)

   

  (2) Smt Mary Havila,

                                          B.A.                       ……        Member

 

 

DATED THIS THE  26^th DAY OF MARCH 2015     

 

COMPLAINANT   By- Shri Manju V Mudgal,             Advocate, Koppal.     //VS//	Basavanagouda Betageri, Age: 48 years, Govt. Job, Koppal taluk & District.
RESPONDENT   Exparte.	Shivajyothi Township Promoters Pvt. Ltd., M P Prakash Nagar, Near Ganesh Temple, Hospet, Bellary District. Present Address: N H Bhaskar Reddy, M.D. Trainagle Reality, Builder and Developers, No.5, 2nd floor, 9th main, 13th cross, 6th sector, H S R Layout, Bangalore-560 102.

 

// O R D E R //

 

Per Shri R.Bandachar.  

 

        The complainant filed the complaint against the respondent U/Sec-12 of the Consumer Protection Act 1986.   I.A. filed u/sec-24A of the Act by the complainant along with his affidavit, is hereby allowed and the delay is condoned in filing this complaint. 

 

                  2.  The brief facts of the complainant’s case are that the respondent launched real estate business in Hospet town in the name and style Shivajyothi Township Promoters Pvt. Ltd. and offered the public to become its members.  The member of the scheme has to pay Rs.800/- as installment every month for 56 months along with Rs.1,000/- as additional payment once in every 4 months. The date of commencement of the scheme is 14/12/1999. The complainant became a member of the said scheme vide membership No.1647 for a 30 x 40 plot and he totally paid Rs.59,200/- in 56 installments. The respondent has failed to give the plot. The respondent has closed his business at Hospet.  After 5 years the complainant traced the respondent’s address and approached him with a request to register the plot in his name by collecting the balance amount.  But the respondents replied that the concerned authority has not given approval for registration as such it requires some more time.  Even after lapse of one year the respondent did not register the plot in his name.  Therefore, the complainant got issued legal notice dated: 13-09-2014 to the respondent.  But the respondent has not given reply to the said notice.  Non-registration of the plot in the name of the complainant nor refund of the amount paid by him amounts to deficiency in service on the part of the respondent.  Therefore, the complaint.   

 

                 3. Notice sent to the respondent by RPAD is returned as “not claimed” and as such the respondent is placed exparte. 

           4.  The complainant to prove his case, as his evidence, filed his affidavit, which is marked as P.W.1 and got marked 04 documents as Ex.P.1 to Ex.P.4.      

1. The written argument is filed by the complainant

        6.  The points that arise for our consideration are;

 

1.	Whether the complainant has proved deficiency in service on the part of the respondent towards him, as alleged in the complaint?
2.	Whether the complainant is entitled for the reliefs prayed for in the complaint?
3.	What order?

     

                   

    

 

 

 

 

 

 

 

 

7.  The findings on the above points are as under.  

Point No.1:	In the affirmative.
Point No.2:	Partly in the affirmative.
Point No.3:	As per final order.

 

// R  E A S O N S //

Point No.1 : -

                    8.  There is no challenge to the case of the complainant from the respondent as he is placed exparte. 

              9.  However, the complainant to prove that he had paid total amount of Rs.59,200/- in installments towards the plot promised by the respondent, produced the copy of the passbook marked as Ex.P.1 said to have been issued by the respondent.  The respondent having not registered the plot in the name of the complainant as agreed by him, therefore, the complainant is entitled for refund of the amount paid by him. Non-refund of the said amount by the respondent to the complainant amounts to deficiency in service on his part. Accordingly, we answer this point in the affirmative. 

 

Point No.2 :- 

     10. As the complainant proved that he had paid Rs.59,200/- to the respondent towards the plot and as the plot being not allotted and registered in his name by the respondent, he is entitled for refund of the amount paid by him from the respondent along with interest, compensation towards deficiency in service as well as cost of the proceedings, which shall be as per final order. However, as it is found that the respondent never formed layout the question of they getting the sale deed registered in the name of the complainant does not arise. Hence, no order to that effect be made. Accordingly, we answer this point partly in the affirmative.  

 

Point No.3 : -

    11.   In view of the discussions made under Point No.1 and 2, we pass the following; 

 

//ORDER//

 

            The complaint filed by the complainant is partly allowed.  

            The complainant is entitled to recover Rs.59,200/- with interest @ 9% p.a. from 15-12-2014 till its realization, from the respondent. 

             The complainant is entitled to recover Rs.3,000/- towards compensation for deficiency in service, from the respondent.

            The complainant is also entitled to recover Rs.2,000/- towards cost of the proceedings, from the respondent.  

The respondent is liable to pay the above said amounts to the complainant within two months from the date of this order.

   Inform the parties accordingly.

 

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this 26th day of March 2015)

 

 

 

 

 

 

 

	(R.BANDACHAR) PRESIDENT
	(MARY HAVILA) MEMBER

 

 

 

 

 

 

 

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