| Final Order / Judgement | Complaint/s Filed on:01.01.2016, 16.01.2016, 28.03.2016, 29.03.2016 & 01.07.2016. | Disposed On:26.08.2016 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN 26th DAY OF AUGUST 2016 PRESENT:- | SRI. P.V SINGRI | PRESIDENT | | SMT. M. YASHODHAMMA | MEMBER | | SMT. P.K SHANTHA | MEMBER |
COMPLAINT Nos.05/2016, 07/2016, 10/2016, 11/2016, 78/2016, 498/2016, 508/2016 & 917/2016. |
COMPLAINT No.5/2016 COMPLAINANT | Smt.Sangita Sharma,
Aged about 44 years, W/o B. Sharma, Purva Hights, Bannerghatta Main Road, Flat No.A1106, Bangalore-76. | COMPLAINT No.7/2016 COMPLAINANT | Sri.Deepak Singhania, Aged about 35 years, S/o Om Prakash Singhania, Flat No.2R, East Wing, Fernhill Garden Apartments, HSR Layout, Sector-6, Bangalore-560 102. | COMPLAINT No.10/2016 COMPLAINANT | Mrs.Gayatri Agarwal, Aged about 48 years, W/o Kalicharan Agarwal, Represented by her Authorized person Sri.Ashish Agarwal, Aged about 26 years, S/o Kalicharan Agarwal, Balaji Trading, Masjid Road, Imphal West, Manipur-795001. Presently residing at No.FF03, Sunshine Paradise, Abbaiah Reddy Layout, Kaggadasapura, Bangalore-93. | COMPLAINT No.11/2016 COMPLAINANT | Sri.Vivek Kumar Lachhiramka, Aged about 32 years, S/o Ramesh Lachhiramka, Flat No.404, Sri Rudraksh Residency, Bannergatta Road, Bangalore-76. | COMPLAINT No.78/2016 COMPLAINANT | Sri.Ajeet Das Gupta, Aged about 41 years, S/o Tribhuwan Das Gupta, No.M-302, HM Tambourine Apartments, J.P Nagar 6th Phase, Kanakapura Main Road, Bangalore-78. | COMPLAINT No.498/2016 COMPLAINANT | Vidisha Sharma, Aged about 24 years, D/o Binod Sharma, Purva Hights, Bannerghatta Main Road, Flat No.A1106, Bangalore-76. | COMPLAINT No.508/2016 COMPLAINANT | Sri.Ramandeep Sandhu, Aged about 36 years, S/o Jagjit Singh Sandhu, R/at H.No.1205, Block A, Sispal Vihar Sector 49, Gurgoan. | COMPLAINT No.917/2016 COMPLAINANT | Sri.Neelesh Arnold Eusebius, Aged about 39 years, S/o N.I Eusebius, R/at No.G2, Om Sai Jana Jeeva Paradise, Vignan Nagar, Bangalore-560075. Advocate – Sri.N.Manohar. V/s | OPPOSITE PARTy | M/s Skyline Constructions & Housing (P) Ltd., No.11, Hayes Road, Richmond Circle, Bangalore-560 025, Represented by its Director, Sri.Dhiraj Prabhu. |
O R D E R SRI. P.V SINGRI, PRESIDENT All these complaints have been filed U/s.12 of the Consumer Protection Act, 1986 with a prayer to refund the advance given by them to OP together with litigation cost. 2. All these complaints have been filed by different complainants against one and the same OP with similar prayers and issues involved in all these complaints are one and the same. Therefore, all these complaints have been clubbed together and disposed off under this common order. 3. The brief averments made in all these complaints are as under: The OP is engaged in real estate business and construction of houses, apartments etc. The complainants attracted by the housing project proposed by the OP decided to purchase apartments in the project called “Skyline Exaltus” and accordingly paid advance amount by way of cheque as detailed in the following table. Sl
No. | Complaint No. | Complainant Name | Total advance amount paid | Date | Receipt Number | 1) | 05/2016 | Sangita Sharma | Rs.1,00,000/- Rs.1,61,875/- | 22.03.2012 04.04.2012 | 2887 3074 | Rs.2,61,875/- | 2) | 07/2016 | Deepak Singhania | Rs.1,00,000/- Rs.2,98,000/- Rs. 8,550/- | 08.05.2012 08.05.2012 30.03.2013 | 3137 3138 3921 | Rs.4,06,550/- | 3) | 10/2016 | Gayatri Agarwal | Rs.2,61,875/- | - | - | 4) | 11/2016 | Vivek Kumar Lachhiramka | Rs.3,93,800/- | - | - | 5) | 78/2016 | Ajit Das Gupta | Rs.7,07,731/- | - | - | 6) | 498/2016 | Vidisha Sharma | Rs.1,00,000/- Rs.1,61,875/- | 22.03.2012 05.04.2012 | 2888 3078 | Rs.2,61,875/- | 7) | 508/2016 | Ramandeep Sandhu | Rs.1,00,000/- | - | - | 8) | 917/2016 | Neelesh Arnold Eusebius | Rs.2,93,000/- | - | - |
It was agreed between the parties to pay the subsequent instalments after commencement of the project. That OP failed to start the project as promised, within the stipulated time. Therefore, complaints got issued a legal notices to OP cancelling the booking of the apartments and demanded for refund of the advance amount paid by him/her. That however, OP failed to comply the demand made in the legal notice and also failed to reply to the said notice. Therefore, the complainants having no other options have approached this Forum with a prayer to direct the OP to refund them the advance amount, as stated above, together with interest @ 24% p.a with litigation cost. 4. The OP in all these cases despite service of notice failed to appear and was placed ex-parte. Thereafter each of the complainants tendered their evidence by way of affidavit reiterating the allegations made in the respective complaints. The complainants have also produced the copies of the receipts issued by the OP for having received advance amount from them. 5. Perused the allegations made in the complaint, sworn testimony of each of the complainants and other materials placed on record. 6. It is apparent from the allegations made in the complaint, sworn testimony of the complainants coupled with documents produced by them that each one of the complainants decided to purchase a apartment each in the project proposed to be constructed by OP by paying advance amount as mentioned in the above table in the year 2012/2013 itself. It can be gathered from the material placed on record that each of the complainants were to pay the remaining amount in instalments after commencement of the construction of the apartment complex. However, OP has failed to commence the project and complete the same within the time stipulated as promised by them. Since OP failed to commence the project even after three years from the date of receipt of the advance amount, the complainants decided to take back the advance amount paid to the OP and got issued legal notices to OP cancelling the booking and demanded for refund of the advance amount paid by them. However, OP neither replied to the said notices nor complied the demand made by the complainants in their legal notice. 7. Since OP has failed to appear and contest the complaint, we have no reason to disbelieve the case as put forth by the complainants. OP has failed to commence the construction of the apartments and complete the same within the time stipulated. The complainants without there being any other alternative have cancelled the booking and demanded the OP to refund the advance amount paid by them. OP has no right to retain the advance amount paid by each one of the complainant without fulfilling the promise made by them. The conduct of OP in not commencing the project despite receipt of advance amount from each one of the complainants amounts to deficiency of service on their part. Therefore, the OP has to be directed to refund the advance amount received from each of the complainants together with interest @ 18% p.a from the date of actual receipt till the date of realization with cost of the proceedings. 8. In the result, we proceed to pass the following: O R D E R The complaints filed by the complainants U/s.12 of the Consumer Protection Act, 1986 are allowed in part. The OP in complaint No.5/2016 is directed to refund advance amount of Rs.2,61,875/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP in complaint No.7/2016 is directed to refund advance amount of Rs.4,06,550/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP in complaint No.10/2016 is directed to refund advance amount of Rs.2,61,875/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP in complaint No.11/2016 is directed to refund advance amount of Rs.3,93,800/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP in complaint No.78/2016 is directed to refund advance amount of Rs.7,07,731/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP in complaint No.498/2016 is directed to refund advance amount of Rs.2,61,875/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP in complaint No.508/2016 is directed to refund advance amount of Rs.1,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP in complaint No.917/2016 is directed to refund advance amount of Rs.2,93,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization together with litigation cost of Rs.2,000/-. The OP shall comply the order passed by this Forum within four weeks from the date of the order. Send the copy of the order to both the parties free of costs. This original order shall be kept in the file of the complaint No.5/2016 and a copy of it shall be placed in other connected files. (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 26th day of August 2016) MEMBER MEMBER PRESIDENT
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COMPLAINT Nos.05/2016, 07/2016, 10/2016, 11/2016, 78/2016, 498/2016, 508/2016 & 917/2016. |
COMPLAINT No.5/2016 COMPLAINANT | Smt.Sangita Sharma,
Bangalore-76. | COMPLAINT No.7/2016 COMPLAINANT | Sri.Deepak Singhania, Bangalore-560 102. | COMPLAINT No.10/2016 COMPLAINANT | Mrs.Gayatri Agarwal, Manipur-795001. Presently residing at No.FF03, Kaggadasapura, Bangalore-93. | COMPLAINT No.11/2016 COMPLAINANT | Sri.Vivek Kumar Lachhiramka, Bangalore-76. | COMPLAINT No.78/2016 COMPLAINANT | Sri.Ajeet Das Gupta, Bangalore-78. | COMPLAINT No.498/2016 COMPLAINANT | Vidisha Sharma, Bangalore-76. | COMPLAINT No.508/2016 COMPLAINANT | Sri.Ramandeep Sandhu, Gurgoan. | COMPLAINT No.917/2016 COMPLAINANT | Sri.Neelesh Arnold Eusebius, Bangalore-560075. V/s | OPPOSITE PARTy | M/s Skyline Constructions & Housing (P) Ltd., Bangalore-560 025, Represented by its Director, Sri.Dhiraj Prabhu. |
Witnesses examined on behalf of the complainant/s dated 30.03.2016, 27.06.2016, 15.07.2016 & 19.08.2016 1) | Smt.Sangita Agarwal (Complaint No.05/2016) | 2) | Sri.Deepak Singhania (Complaint No.07/2016) | 3) | Mrs.Gayatri Agarwal (Complaint No.10/2016) | 4) | Sri.Vivek Kumar Lachhiramka (Complaint No.11/2016) | 5) | Sri.Ajit Das Gupta (Complaint No.78/2016) | 6) | Vidisha Sharma (Complaint No.498/2016) | 7) | Sri.Ramandeep Sandhu (Complaint No.508/2016) | 8) | Sri.Neelesh Arnold Eusebius (Complaint No.917/2016) |
Documents produced by the complainant:
(Complaint No.05/2016) 1) | Document No.1 is the copy of receipts issued by OP to complainant dated 22.03.2012 for Rs.1,00,000/- and receipt dated 04.04.2012 for Rs.1,61,875/-. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015 and post AD card. |
Documents produced by the complainant:
(Complaint No.07/2016) 1) | Document No.1 is the copy of termination letter dated 25.06.2013 issued by OP in the name of complainant. | 2) | Document No.2 is the copy of reminder dated 27.05.2013 issued by OP customer care to the complainant. | 3) | Document No.3 is the copy of receipts issued by OP to complainant dated 08.05.2012 for Rs.1,00,000/-, receipt dated 08.05.2012 for Rs.2,98,000/- and receipt dated 30.03.2013 for Rs.8,550/-. | 4) | Document No.4 is the copy of legal notice dated 20.05.2015. |
Documents produced by the complainant:
(Complaint No.10/2016) 1) | Document No.1 is the copy of letter dated 29.11.2015. | 2) | Document No.2 is the copy of e-mail correspondence dated 04.01.2013, 04.03.2013 & 07.06.2013. | 3) | Document No.3 is the copy of demand letter dated 05.03.2013 for Rs.4,44,651/-. | 4) | Document No.4 is the copy of legal notice dated 20.05.2015 and postal AD card |
Documents produced by the complainant:
(Complaint No.11/2016) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 02.03.2012 for Rs.1,00,000/-. | 2) | Document No.2 is the copy cheque dated 22.02.2012 for Rs.1,00,000/-. | 3) | Document No.3 is the copy of bank statement of complainant. | 4) | Document No.4 is the copies of cheques dated 06.06.2012 for Rs.2,82,250/- and Rs.4,350/-. | 5) | Document No.5 is the copies of bank statement of complainant. | 6) | Document No.6 is the copy of legal notice dated 20.05.2015 and postal AD card. |
Documents produced by the complainant:
(Complaint No.78/2016) 1) | Document No.1 is the copy of receipts issued by OP to complainant dated 22.03.2012 for Rs.1,00,000/-, receipt dated 04.04.2012 for Rs.1,61,875/- and receipt dated 06.05.2013 for Rs.4,43,381-04/-. | 2) | Document No.2 is the copy of legal notice dated 20.05.2015 and postal AD card. |
Documents produced by the complainant:
(Complaint No.498/2016) 1) | Document No.1 is the copy of legal notice dated 20.05.2015 and postal AD card. | 2) | Document No.2 is the copy of receipt issued by OP to complainant dated 22.03.2012 for Rs.1,00,000/-, receipt dated 05.04.2012 for Rs.1,61,875/-. |
Documents produced by the complainant:
(Complaint No.508/2016) 1) | Document No.1 is the copy of legal notice dated 20.05.2015 and postal AD card |
Documents produced by the complainant:
(Complaint No.917/2016) 1) | Document No.1 is the copy of legal notice dated 20.05.2015 and postal AD card. | 2) | Document No.2 is the copy of receipt dated 08.03.2012 for Rs.1,00,000/- and two demand letters dated 11.05.2013 & 02.03.2013 issued by OP to complainant. |
OP - Absent MEMBER MEMBER PRESIDENT Vln* | |
