BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

09^th DAY OF FEBRUARY 2018

O R D E R

SRI. P.V SINGRI, PRESIDENT

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) for refund of Rs.8,50,560/- together with interest, compensation, cost etc., alleging deficiency of service.

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

That the complainant having attracted by paper advertisement given by OP regarding construction of apartment complex approached OP and verified the location where the proposed construction is going to be made.  That the staff of the OP also approached complainant repeatedly and insisted him to book a apartment in the apartment complex to be put up in the limits of Kodihalli Village under the name and style “TGS Switzerland”.  That believing the words of OP as well as their officials, complainant decided to purchase a apartment measuring 1600 square feet for a total consideration of Rs.28,35,200/- and paid advance amount of Rs.1,00,000/- on 04.08.2016 by swiping his debit card No.8416 and again paid advance amount of Rs.7,50,560/- by way of cheque dated 18.08.2016 drawn on Axis Bank.  That OP has issued receipt for having received the above mentioned amount of Rs.1,00,000/- on 04.08.2016 and Rs.7,50,560/- on 18.08.2016.  Thereafter OP entered into memorandum of understanding with complainant on 01.08.2016 and promised that the construction of the apartment will start within two months and the possession of the apartment will be handed over as early as possible.  Subsequent enquires of the complainant disclosed that, OP has not all the started any construction work in the site shown to him at Kodihalli Village, Varthur Hobli, Bangalore East Taluk.  OP went on promising the complainant that the construction will start as early as possible.  When OP failed to start the construction as agreed in the MOU and as promised, the complainant decided to cancel the booking and requested to refund the advance amount.  Though OP promised to refund the advance amount together with interest, but failed to do so despite repeated requests made in person.  That OP cheated the complainant by making false promise of construction of the apartment.  Since OP failed to respond to any request made by the complainant, he was compelled to approach the Forum for redressal. 

3. Despite publication of notice in the news paper, OP failed to appear and was placed ex-parte.

4. Perused the various documents produced by the complainant including the receipts for having paid a sum of Rs.8,50,560/-, memorandum of understanding, as well as the copies of letters written by the OP.  The complainant to substantiate the allegations made in the complaint filed his affidavit evidence reiterating the allegations made in the complaint.

5. The sworn testimony of complainant coupled with the allegations made in the complaint as well as the copies of the receipt, MOU etc., goes to establish that the complainant believing the words of OP booked an apartment measuring 1600 square feet in the proposed apartment complex to be put by OP under the name and style ‘TGS Switzerland’ at Kodihalli Village and paid advance amount of Rs.1,00,000/- on 04.08.2016 and Rs.7,50,560/- on 18.08.2016, for which OP has issued receipts.  Despite having received a huge sum of Rs.8,50,560/- OP has not started construction of the apartment and also failed to refund the advance amount despite cancellation of the booking and repeated requests made by the complainant.  The conduct of OP in failing to put up the construction of the apartment and failing to refund the advance amount despite cancellation amounts to grave deficiency of service.  More over the failure of OP in not contesting the complaint leads us to draw an inference that OP admits the allegations made in the complaint.

6. The complainant has successfully proved the deficiency on the part of OP.  Therefore OP has to be directed to refund a sum of Rs.8,50,560/- together with interest @ 18% p.a from the date of actual receipt till the date of realization.  Further OP shall be ordered to pay a sum of Rs.25,000/- inclusive of travelling etc., as requested by complainant in the complaint together with litigation cost of Rs.4,000/-.   

7. In the result, we proceed to pass the following:  

  O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part. 

OP is directed to refund a sum of Rs.8,50,560/- (Eight Lakhs Fifty Thousand Five Hundred Sixty only) to the complainant together with interest @ 18% p.a from the date of actual receipt till the date of realization.  Further OP is directed to pay compensation of Rs.25,000/- towards deficiency of service together with litigation cost of Rs.4,000/-

OP shall comply the said order within four weeks from the date of the order.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 09^th day of February 2018)

MEMBER                             MEMBER                    PRESIDENT

Vln*                    

Witnesses examined on behalf of the complainant dated 19.01.2018.

Sri.H.P Dwarakanath.

                  OP  -       Absent

MEMBER                               MEMBER                  PRESIDENT

Vln*