Date of Filing:17.09.2008<br /> Date of Order:13.11.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 13TH DAY OF NOVEMBER 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 /> <br /> <br /> <br /> COMPLAINT NO: 2039 OF 2008<br /> <br /> <br /> Goda Suryanarayana<br /> S/o. G.V. Murthy<br /> R/o No. 9-30-4, Siripuram<br /> Visakhapatnam<br /> Andhra Pradesh Complainant<br /> V/S<br /> <br /> S.K. Shahajahan<br /> S/o. Mastan Saheb, Managing Director<br /> M/s. KVL Investments & Constructions Pvt. Ltd.<br /> No. 391, 13th Cross, Sadashivanagar<br /> Bangalore 560 080 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act. <br /> The facts of the case are that the opposite party executed an agreement of sale on 09.12.1996 agreeing to allot plot No. 3 of Chaddi Chikkanahalli Village, Nandi Hobli, Chickballapura Taluk and he had received Rs. 5,20,000/- for allotment of the said plot. So far complainant has not been allotted any site as agreed despite repeated requests and demands. Opposite party by not allotting site to the complainant committed deficiency of service. Complainant has paid entire consideration except Rs. 1,00,000/-. Opposite party deliberately avoiding to execute the document. The complainant has sent notice through registered post. Despite receipt of notice opposite party has not sent any reply. Hence, the complaint. Therefore, the complainant requested the opposite party may be directed to execute and register sale deed in favour of the him in respect of the plot bearing No. 3 measuring 100 X 200 and to grant damages.<br /> 2. Notice was issued to opposite party by registered post. Notice was served. In spite of service of notice the opposite party has not appeared and contested the matter. Even the opposite party has not sent defence version by post.<br /> 3. Arguments of complainant are heard. Perused the complaint and documents.<br /> 4. The complainant has produced agreement of sale dated 09.12.1996 executed by opposite party. The complainant has produced statement of account of opposite party and the complainant has also produced a letter of opposite party dated 05.01.2000 and another letter of opposite party dated 10.10.2001. The complainant has got issued legal notice to opposite party. Copy of legal notice is produced. In the legal notice also the complainant has stated that the opposite party has received Rs. 5,20,000/- for allotment of site. The case put up by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter. There is no record or any document to show that the opposite party had formed the layout in Chaddi Chikkanahalli Village, Chickaballapura Taluk. Therefore, it will not be safe or proper on the part of the complainant to ask for registration of site in his name. There will be so many legal hurdles for the formation of layout in the agricultural lands without any proper evidence and proof or record to show that layout was formed and sites are ready for distribution. It would not be proper to direct the opposite party to execute and register the sale deed of plot No. 3 in favour of the complainant. However, the complainant can be awarded relief of refund of the amount paid by him. Since, the complainant has produced the sale agreement and account statement to show the payment made by him, it would be just, proper and fair to direct the opposite party to refund Rs. 5,20,000/- to the complainant with interest. The complainant has paid the amount by way of installment right from 1996 till 2000. The last payment made by the complainant was on 05.05.2000. Therefore, from that date he is entitled for interest on the amount paid by him. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The Complaint is allowed. The opposite party is directed to refund Rs. 5,20,000/- to the complainant along with 18% interest p.a. from 05.05.2000 till payment / realisation. <br /> 6. Complainant is also entitled for Rs. 5,000/- towards costs of the present proceedings from the opposite party.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 13TH DAY OF NOVEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />