Date of Filing:15.11.2007<br /> Date of Order: 31.03.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF MARCH 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 2270 OF 2007 <br /> <br /> T.S. Dhanagopala Krishna,<br /> S/o T.A. Subbaiah Setty,<br /> No.48, Car Street, Halasuru,<br /> Bangalore-560 008. Complainant<br /> <br /> V/S<br /> The Chairman,<br /> V.G.P. Group of Companies,<br /> V.G.P (Victory) Plaza,<br /> II Floor, No.87/16, 30th Cross,<br /> 7th Main, 4th Block, <br /> Jayanagar, Bangalore-560011. Opposite Party<br /> <br /> ORDER<br /> <br /> This complaint is filed U/Sec.12 of the Consumer Protection Act, 1986 to allot site or in the alternate to refund Rs.17,03,400/-. <br /> The facts of the case are that, the complainant while going through a newspaper noticed that the opposite party is forming housing site under the name and style as VGP Housing/VGP Golden Beach Resort and also the complainant obtained a brochure and decided to purchase a site under the installment scheme. He had approached the opposite party and the opposite party told him to apply for a site and accordingly the he applied for purchase of a site under the installment scheme for a total consideration of Rs. 54,000/-. The opposite party has issued a Pass Book and in which it was clearly stated Plot No.33 and monthly installment being Rs.1,000/- per month and total installments being 54 months but on special offer a discount was allowed to a tune of Rs.14,000/- on the total sale consideration of Rs.54,000/-, accordingly the complainant paid a sum of Rs.40,000/- in 40 installments and thereby he has paid the entire sale consideration as per the terms and conditions of the opposite party. When the opposite party did not come forward to register site No.33 at Vinoth Town-I, Chennai, the complainant started approaching the opposite party to execute and register the sale deed in his favour, but they replied stating that in next 15-20 days time there would be an Executive Meeting in order to fix the date and time for execution of sale deed in favour of the complainant. The complainant has not only lost the site but also the interest all these years, apart from that, he has been running from pole to pillar several times, in these years without getting any satisfactory reply from the opposite party even though several correspondence as been made between the complainant and the opposite party, but the opposite party failed to reply even to the letter dated 8/8/2007. Hence, the complaint.<br /> 2. Notice was issued to opposite party. Notice was served by RPAD. The opposite party society appeared through counsel and filed version stating that, the complaint filed by the complainant is not maintainable either in law or on facts. There is no deficiency of service on the part of the opposite party as alleged by the complainant. The allegations made by the complainant are false and the complainant is put to strict proof of the same. The complaint filed by the complainant is time barred. The complainant has made baseless allegations against the opposite party. The complainant is trying to make unlawful gain by making false complaint and prayed to dismiss the complaint.<br /> 3. Affidavit evidence of both the parties filed. Arguments are heard. <br /> 4. The points for consideration are:-<br /> 1. Whether there was deficiency in service on the<br /> part of the opposite party?<br /> 2. Whether the complainant is entitled for refund of the amount with interest? <br /> <br /> REASONS<br /> 5. Perused the complaint, affidavit and documents. It is an admitted case of the parties that, the complainant became the member of the opposite party company with A/c No.VGP/HPC/BL/95 dated 23/10/1998. The complainant has booked a plot No.33 measuring approximately 1800 sq.ft.,. The total value of the plot was Rs.54,000/-. The opposite party has given Rs.14,000/- discount. The complainant has produced the pass book issued by the opposite party. In this pass book there are entries of the amount paid by the complainant. The complainant has paid in all Rs.40,000/- to the opposite party. The complainant has produced the receipt also. The opposite party has not allotted site and failed to honour the commitment. Though the opposite party has received the amount and promised to allot plot, but the opposite party has failed to allot the plot. Therefore, there is absolutely a deficiency in service on the part of the opposite party. The opposite party has failed to perform its promise. The complainant is definitely entitled for refund of the amount with interest and compensation. It is common knowledge that the prices of the plots have gone very high. It is now very difficult for a common man to get a plot within a reasonable price. Due to escalation of the prices the complainant has claimed Rs.14,00,000/- as compensation and also Rs.1,00,000/- towards mental agony. Since the payment made by the complainant had been established beyond doubt. The receipts and the pass book clearly establish the payment made by the complainant. As per the pass book entry the last payment made by the complainant was on 16/8/2002. The complainant is definitely entitled for refund of Rs. 40,000/- with 18% p.a on the amount paid by him from the last date of payment. The Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.347/2006 in case of G.S. Padmashree V/S Amarajyothi Housing Society in a judgment rendered on 22nd November-2007 has granted interest at 18% p.a on the deposited amount. Therefore, in this case also, it would be just fair and proper to grant 18% p.a to the complainant on the amount paid by him. Due to the escalation of prices it would be just fair and reasonable to grant Rs.50,000/- as compensation to the complainant. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to pay Rs.40,000/- along with interest at 18% p.a from the date of last payment (i.e. 16/8/2002), till payment to the complainant. The opposite party is also directed to pay compensation of Rs.50,000/- to the complainant. The opposite party is directed to pay the amount as ordered above within 30 days from the date of this order. The complainant is entitled to Rs.5,000/- towards costs of the present proceedings from the opposite party. <br /> <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 31ST DAY OF MARCH 2008.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> <br /> <br /> We concur the above findings.<br /> <br /> MEMBER MEMBER <br /> <br /> <br />