COMPLAINTS FILED ON:30.11.2011

DISPOSED ON:07.04.2012.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

7^th DAY OF APRIL-2012

  PRESENT:-  SRI. B.S. REDDY                   PRESIDENT       

                      SRI.A.MUNIYAPPA                     MEMBER              

COMPLAINT Nos.2172/2011

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainant filed this complaint seeking direction against the Opposite Parties (herein after called as O.Ps) to refund an amount of Rs.7,20,000/- and to pay compensation on the allegations of deficiency in service on the part of the OPs.

2. OPs though appeared through their counsel, but failed to file version.

3. The complainant filed affidavit evidence to substantiate complaint averments and produced the documents.

4. Arguments from complainant’s side heard, OP side taken as heard.

4.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that the complainant became member of OP1 by paying membership fee of Rs.2,000/- under receipt No.2531 dt.31.03.2008 and he was allotted membership No.R.1025. The complainant applied for the site measuring 40 X 60 feet in the proposed layout called “VAYUJA COUNCIL GARDENS” situated at Hoovinayakanhalli Village, Jala Hobli, Bangalore Rural District. Both Ops executed an agreement in favour of the complainant by receiving the initial sale consideration of Rs.7,20,000/-. The complainant paid an amount of Rs.50,000/- by cash and Rs1,50,000/- through cheque dt.31.03.2008 and further paid an amount of Rs.5,20,000/- through cheque on 29.05.2008. In the agreement deed executed on 30.05.2008 by both these Ops, they have acknowledged the receipt of total amount of Rs.7,20,000/- from the complainant. Ops have also issued the receipt on 31.03.2008 and 29.05.2008 in respect of amount of Rs.2,00,000/- and Rs.5,20,000/- respectively received from the complainant. In spite of receipt of huge amount towards initial sale consideration, Ops failed to form the proposed layout. Ops had sent letter dt.29.05.2010 stating that since the land had been notified by KAIDBA and they offered to allot the sites in other two on going projects at Alambandi Village, Malur Taluk and near International Airport, Bangalore which are yet to be approved. But the complainant is not interested in those projects. Ops failed to form any layout and allot the site to the complainant. When Ops were not able to form any layout, it would have been fair enough on their part to refund the amount received towards initial sale consideration. The act of Ops neither forming layout and allotting the site nor refunding the initial sale consideration received, amounts to deficiency in service on their part.

5. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. The very fact of Ops not filing the version leads to draw inference that Ops are admitting the claim of the complainant. Under these circumstances, we are of the view that the complainant is entitled for refund of the amount of Rs.7,20,000/- with interest at 18% p.a. by way of compensation along with litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following:

O R D E R

        The complaint filed by the complainant is allowed in part.

Ops are directed to refund an amount of Rs.7,20,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.  

This order is to be complied within four weeks from the date of its communication.

 Send copy of this order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 7^th day of APRIL-2012.)

MEMBER                                               PRESIDENT

Cs.