BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BELLARY

C.C.No.59 of 2015

Present:

(1)  Smt C.M.Chanchala,

B.A.L., LL.B.              …… President.

(2)  Shri. R.Bandachar,

B.Com, LL.B.  (Spl) …… Member.

(3)  Smt Mary Havila,

B.A.                       ……      Member

DATED THIS THE 24^th DAY OF JULY 2015

// O R D E R //

Per Smt.C.M.Chanchala.

The complainant filed the complaint against the respondent U/Sec-12 of the Consumer Protection Act 1986.

2.  The brief facts of the case are that the respondent is land developer and running a business in the name and style of Sri Siva Sai Developers, he approached the public that he is doing real estate business and going to form layout and selling the plots to the customers.  On believing the version of the respondent, the complainant agreed to purchase a plot No.A-958 measuring 30 x 40 ft. In this regard, the respondent has executed an agreement on 14.6.2007 in favour of the complainant by receiving Rs.10,000/- as initial deposit for membership fee. The complainant has paid the installments regularly and completed all installment amounts.   The complainant whenever demanded the respondent  to form a layout, he is went on postponing the same and finally he informed the complainant that as the land is acquired by KIADB for industrial purpose he could not form the layout and also the respondent  has refused to repay the installment amounts to the complainant.  Later the respondent without intimating the complainant he shifted his office from Bellary to Khammam.  The attitude of the respondent is nothing but deficiency in service on his part.  Hence, the complainant got issued legal notice to him on 12-03-2015 through RPAD demanding him to repay the amount. But the respondent failed to repay same.  Therefore, the complainant seeking the reliefs as prayed for.

3.  In spite of service of notice, the respondent failed to appear and is 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 74 documents as Ex.P.1 to Ex.P.74.

5. Heard the oral arguments on complainant’s side.

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.  The respondent did not appear and challenged the case of the complainant and hence, he placed exparte.

9.  The complainant contended that on the basis of the advertisement given by the respondent she agreed to purchase a plot No.A-958 on monthly installment basis.  To prove her contention she produced the Xerox copy of the agreement dated:14-06-2007 Ex.P.1 which shows that the transaction between the complainant and the respondent.   The complainant further contended that to purchase a plot No.A-958 she paid Rs.10,000/- as membership fee and further she had paid entire installments amount  of Rs.1,500/- for each installment in 60 installments. In this regard, she has produced Xerox copies of the receipts Ex.P.2 to Ex.69 issued by the respondent on different dates clearly shows that payment was made by the complainant to the respondent towards installment amount to purchase a plot No.A-958.  The documents which are marked as Ex.P.70 to 74  pertaining to the legal notice and mode of their service.  Ex.P.74 is the postal acknowledgment shows that service of legal notice to the respondent.

10.  All the above said documents marked as Ex.P.1 to Ex.P.74 established that the respondent with an intention to have wrongful gain induced the customers/public through advertisement to purchase the plot and after receiving the membership fee and installment amounts he cheated the customers without allotting any plot as promised or agreed by him. In this way, the respondent is misusing the hard earned money of the customers.  The respondent failed to allot the plot as agreed by him to the complainant which amounts to deficiency in service on his part.

11.  For the reason discussed above, this point is answered in the affirmative.

Point No.2 :-

12.   As the complainant has proved deficiency in service on the part of the respondent, she is entitled for refund of membership fee and entire installment amounts totally Rs.1,00,000/- with interest @ 9% p.a. from the date of the last payment till realization and compensation towards deficiency in service and awarding of Rs.10,000/- towards the same will meet ends of justice.  Besides this, the complainant is entitled for cost of the proceedings, which shall be as per final order. Accordingly, this point is answered partly in the affirmative.

Point No.3 : -

13.   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 get refund of Rs.1,00,000/- with interest @ 9% p.a. from 12-04-2012 till realization of the said amount, from the respondent.

The complainant is entitled to recover Rs.10,000/- 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.

rk