BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

07^TH DAY OF JANUARY 2016

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 seeking direction against Opposite Party (herein after referred as OP) to refund Rs.1,00,000/-along with 12% interest per annum and compensation of Rs.35,000/- towards deficiency in service and cost on the allegation of deficiency in service. 

2.  The brief averments made in the complaint are as follows:

On 04.04.2015 complainant booked apartment bearing             No.A-403 at Sri Vishnu Pearls, Block-A, No.42/4A, Konnapana Agrahara village, Electronic City, Phase II.  Complainant paid a sum of Rs.1,00,000/- booking amount through cheque bearing No.856890 drawn on ICICI Bank Indira Nagar Bangalore. During verification of the documents, it is found that OP did not obtained required approvals. The OP did not obtain sanction plan from BMRDA.  The OP did not take required NOC’s from relevant authorities like Karnataka State Pollution Control Board, Fire Departments, BDA etc.  These are required since the building is of Base Floor + Ground Floor + 4 levels of floors.  On the same reason the complainant sought for cancellation of the booking of the said apartment on 21.05.2015. OP did not refund booking amount in full and proposed unjustified deductions of Rs.8,750/- towards services and Rs.9,250/- towards Bank charges. The complainant felt that these charges are illegal and unjustified and he has right for 100% refund.  Inspite of repeated request to refund the amount in full so far OP has not refunded the amount to the complainant.  Left with no alternative, complainant and got issued a notice on 19.09.2015 calling upon OP to refund a sum of Rs.1,00,000/- before 30.09.2015 failing which matter will be escalated to Consumer Forum.  Inspite of notice OP failed to respond.  Hence, complainant felt deficiency in service on the part of the OP.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OP.  Inspite of service of notice OP remained absent without any sufficient reason or cause.  Hence OP was placed exparte and posted the case for filing affidavit of the complainant.

4. So as to prove his case, Sri.G.Govardhan Reddy, who being the complainant filed his affidavit evidence in support of complaint reiterating the complaint averments and produced documents.

5. The above said assertions of the complainant have remained unchallenged. OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6.  Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is copy of the cheque issued by complainant to OP dated 04.04.2015 for a sum of Rs.1,00,000/- drawn on ICICI Bank, Indiranagar Branch, Bangalore. Document No.2 is notice issued by complainant to OP dated 19.09.2015 requesting the OP to refund booking amount of Rs.1,00,000/- by 30.09.2015 failing which he will approach the Consumer Forum then he will be  entitled for legal charges and additional compensation etc.  Document No.3 is e-mail correspondences between parties dated 29.08.2015, 04.06.2015, 23.05.2015 stating balance amount of Rs.75,000/- will be refunded deducting 9.25% tax and Rs.15,750/- as service charges.  Further GP under planning authorities are not authorized to approve plans as per RDPR circular dated 28.12.2012.   

7. On perusal of oral and documentary evidence of the complainant, it is made crystal clear that on 04.04.2015 complainant booked an apartment bearing No.A-403 at “Sri Vishnu Pearls” situated at Sri Vishnu Pearls, Block-A, Sy.No.42/4A, Konappana Agrahara, Electronic City Phase II and paid as sum of Rs.1,00,000/- to OP towards booking amount as per Document No.1 copy of the cheque dated 04.04.2015.  It is contended by the complainant during verification of the documents he came to know that OP did not obtained the required approvals including sanction plan from BMRDA and further OPs have not obtained NOCs from  Karnataka State Pollution Control Board, Fire Departments, BDA etc., since the building is of BF+GF+4 levels of flooring same is required.  Hence complainant sought for cancellation of the booking of the said apartment on 21.05.2015 as per Document No.2 i.e., notice of the complainant.  It is contended by the complainant that OP is not ready to refund the booking amount in full and proposed unjustified deduction of Rs.8,750/- for services and Rs.9,250/- towards Bank charges of current account which complainant felt illegal and unjustified and he has right for 100% refund of amount.  Hence, he got issued legal notice dated 19.09.2015 calling upon OP to refund the entire amount of Rs.1,00,000/- within 30.09.2015.  There was no response from OP.  Hence this complaint.

8.  Form the available material on record, it is crystal clear that the complainant has paid a sum of Rs.1,00,000/- to OP towards purchase of an apartment.  Since, OP has failed to obtain statutory approvals and NOCs from concerned authorities.  Complainant has sought for cancellation of the booking on 21.05.2015 and sought for refund of the amount paid.  As per email correspondence produced by the complainant it is clear that OP demands deduction to the extent of Rs.25,000 towards service charges and taxes which  is not fair and proper.  However, OP can deduct Rs.10,000/- towards service charges and could have refunded the balance amount to the complainant.  Inspite of repeated e-mail correspondences and letters, OP failed to refund the amount.  The act of OP in not refunding entire the amount of Rs.1,00,000/- till date amounts to deficiency in service on its part.  We are satisfied that complainant proves deficiency in service on the part of the OP.  Under the circumstances, OP is liable to refund Rs.90,000/- to the complainant after deducting Rs.10,000/- towards services charges along with interest at 18% per annum from the date of cancellation i.e., 21.05.2015 till realization and also to pay compensation of Rs.10,000/- towards deficiency in service in not refunding the amount to the complainant and to pay litigation cost of Rs.3,000/-.  Accordingly, we proceed to pass the following:

                                  O R D E R

1. The complaint filed by complainant is allowed in part. 

2. OP is directed to refund a sum of Rs.90,000/- along with  interest at 18% per annum from the date of cancellation i.e., 21.05.2015 till realization.

3. Further OP is directed to pay compensation of Rs.10,000/- towards mental agony and hardship caused to the complainant in not refunding the amount.

4. Further OP is directed to pay Rs.3,000/- towards litigation cost to the complainant.

5. This order shall be complied within 30 days from the date of receipt of this order.

6. Supply free copy of this order to both the parties.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Forum by us on this the 7^th day of January 2016)

 MEMBER                                                               PRESIDENT

NRS* 

CC.No.1682/2015

Witnesses examined on behalf of the complainant dated 21.11.2015 1) Sri.G.Govardhan Reddy,

Witnesses examined on behalf of the OP – Absent

List of documents produced by the OP – Nil

MEMBER                                                                PRESIDENT