Date of Filing:18.03.2008<br /> Date of Order:08.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 8TH DAY OF AUGUST 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 728 OF 2008<br /> <br /> <br /> Venkatesh Gurunathan,<br /> S/o G. Gurunathan,<br /> R/at 1/1, Thambu Chetty Palya Main Road,<br /> Kowdenahalli, Akshay Nagar,<br /> II Block, I Cross, Ramamurthy Nagar,<br /> Bangalore-560 016,<br /> Represented by his twin sister and <br /> GPA Holder Smt. Bhuvaneshwari. Complainant<br /> <br /> <br /> V/S<br /> <br /> Smt. Tarabai, W/o G. Suresh, R/at No.4, <br /> Nagappa Reddy Layout, Ramamurthynagar,<br /> Bangalore-560 116. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed by the complainant seeking refund of Rs.1,25,000/- along with interest. <br /> The facts of the case are that, on 23rd April-2007 the complainant had paid Rs.1,00,000/- to the opposite party as advance for 3 years lease of flat. The flat was under construction at that time. On 9th July 2007 lease agreement was signed. Another Rs.25,000/- was paid to the opposite party. Totally the complainant has paid Rs.1,25,000/- to the opposite party. Opposite party failed to fulfill her promise. This amounts to deficiency in service. Hence the complainant sought for refund of Rs.1,25,000/- with interest and also claim damages.<br /> 2. Notice was issued to opposite party. Opposite party has put in appearance through advocate and defence version filed. The main defence put forth by the opposite party is as stated in para-4 of the version. Para-4 reads as under:-<br /> In fact, due to non-availability of laborers and hike in the prices of building materials delay there is in a completion of building and as such the same is behind the control of the opposite party with great difficulty the opposite party completed the building and the same is available for occupation and as such, the opposite party offered the complainant to pay the balance of advance amount and occupy the premises. Even now the opposite party offering the complainant to pay balance advance amount agreed between the parties and occupy the premises. If the complainant want refund of advance of Rs.1,25,000/- the same will be paid within 3 or 4 months as opposite party invested amount to construct the building and opposite party have to search for new tenant and to get the advance amount from them and to pay the same to the complainant. <br /> <br /> The complainant has filed affidavit evidence. Opposite party has not filed her affidavit evidence. The complainant submitted written argument also. Opposite party was not present and the matter was posted for arguments. After hearing the complainant’s side the matter was posted for orders.<br /> REASONS<br /> <br /> 3. I have gone through the complaint, defence version and documents. As per the defence version, there is no dispute whatsoever that complainant has paid Rs.1,25,000/- to the opposite party. The opposite party has also submitted in the defence version that, she is ready to refund the advance amount of Rs.1,25,000/- to the complainant within 3 or 4 months. Therefore, there is absolutely no dispute in respect of the payment made by the complainant. Opposite party has stated some reasons for not completing the building in time. Therefore, the flat could not be delivered possession to the complainant. There is no dispute between the parties. It would be just, fair and reasonable to order the opposite party to refund the amount with interest. The complainant has prayed for grant of compensation. On the facts and circumstances of the case, it is not a case to grant compensation. The ends of justice will be met in ordering the opposite party to refund the amount with interest. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 4. The complaint is allowed. The opposite party is directed to refund Rs.1,25,000/- to the complainant forthwith. The complainant is also entitled to interest at 18% p.a on the above amount from 23/4/2007 till payment/realization. The opposite party is also directed to pay Rs.2,000/- towards costs of the present proceedings to the complainant. <br /> <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 6. Pronounced in the Open Forum on this 8TH DAY OF AUGUST 2008. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br />