BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BELLARY

C.C.No.194 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 04^TH DAY OF JUNE 2015   

// O R D E R //

Per Smt Mary Havila.   

        The complainant filed the complaint against the respondents U/Sec-12 of the Consumer Protection Act 1986.    IA filed U/sec-24A of C.P. Act by the complainant is hereby allowed and the delay in filing the complaint is condoned. 

                2.  The brief facts of the complainant’s case are that the respondents launched a real estate business in Bellary city in the name and style of Sri Siva Sai Developers and invited the public to become members of the scheme launched by them by advertising in local newspaper showing the location of the plots on Bellary-Hospet road, Opp: Bellary Engineering College, Bellary measuring 1200 sq.ft. (30 x 40) for Rs.1,26,000/- on easy installments of Rs.1,500/- per month for 60 months.  The respondents started the scheme in the year 2007 and assured that the scheme would be completed by 2013 with all facilities like parks, main road, inner roads etc. The complainant entered into agreement with the respondents on 05-06-2007 by paying advance of Rs.10,000/- and regularly paid the installments totalling Rs.77,500/- and the respondents have issued the receipt No.291,                  M.No.A-634 towards the Plot No.1157.  The complainant has made the last payment on 12-04-2011. Thereafter, the respondents were not present whenever the complainant visited the office. This made the complainant to suspect the act of the respondents.  The complainant came to know that no layout was formed, when she visited the proposed layout site.  The respondents failed to complete the scheme and register the sale deed in favour of the complainant. The act of the respondents amounts to deficiency in service. Hence, the complaint. 

                 3.   On service of notice when the respondents failed to appear they are placed exparte. 

           4.  The complainant to prove her case, as her evidence, filed her affidavit, which is marked as P.W.1 and got marked 06 documents as Ex.P.1 to Ex.P.6.       

5. The written argument is filed by the complainant. 

     6.  The points that arise for our consideration are;

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

// R  E A S O N S //

Point No.1 : -

                 8.  There is no challenge to the case of the complainant from the respondents as they are exparte. 

           9.   However, the complainant to prove her case produced the copy of the agreement said to have been entered into between her and the respondents which is marked as Ex.P.1.  To prove that the complainant had paid total amount of Rs.77,500/- in installments, produced the copy of the receipts as well as passbook said to have been issued by the respondents which are marked as Ex.P.2, Ex.P.4 and Ex.P.5.  The respondents having not registered the plot in the name of the complainant as agreed by them under the agreement, the complainant is entitled for refund of the amount paid by her. Non-refund of the said amount by the respondents to the complainant amounts to deficiency in service on their part.  Accordingly, we answer this point in the affirmative.  

Point No.2 :- 

            10. As the complainant proved that she had paid Rs.77,500/- to the respondents towards the plot and as the plot being not allotted and registered in her name by the respondents, she is entitled for refund of the amount paid by her, from the respondents along with interest, compensation towards deficiency in service and cost of the proceedings, which shall be as per final order.    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.77,500/- with interest @ 9% p.a. from 12-04-2011 (last date of the payment) till its realization, from the respondents.  

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

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

The respondents are jointly and severally liable to pay the above said amounts to the complainant within two months from the date of this order.

   Inform the parties accordingly.

rk