Date of Filing: 16.05.2009<br /> Date of Order: 09.07.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 09TH DAY OF JULY 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 1131 OF 2009<br /> <br /> Dr. G. Ramesh<br /> Dr. A. Thirumurugan<br /> Mangalavalli Thirumurugan<br /> 39, Iyengulam Street<br /> Tiruvannamalai<br /> Tamil Nadu<br /> Through General Power of Attorney<br /> G. Senthilnathan Complainant<br /> <br /> V/S<br /> <br /> The General Manager<br /> Daadys Builder Pvt. Ltd.<br /> # 383, 9th Main, 7th Sector<br /> HSR Layout, Bangalore 560102 Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainants under section 12 of the Consumer Protection Act 1986.<br /> The facts of the case are that the respective complainants have booked the flats with the opposite party by paying booking amount of Rs. 1,00,000/- each. It is stated by the complainants that opposite party did not call for construction agreement for the booked flats. The complainant has sent registered letter to the opposite party demanding to make construction agreement in writing. The opposite party did not respond to the notice. It is stated by the complainant that opposite party has deliberately suppressed the facts and utilised the booking amount for more than 3 years. The complainants demanded for the construction agreement as per the rate fixed at the time of booking the flats. But opposite party did not agree for the same. Therefore, the complainants demanded for refund of the amount. <br /> 2. Notice issued to opposite party. Opposite party appeared through advocate and filed defence version admitting that the complainants have booked the flats. The opposite party stated that the project comes under the jurisdiction of Bangalore Mahanagara Regional Development Authority. Hence, the opposite party could not get the approval from the BMRDA and was not able to launch the project in time and project has been delayed. The opposite party is constrained to increase the price of the flats and hence, they requested the complainants to pay a sum of Rs. 1,850/-, but the complainants refused for the same and approached the Hon’ble forum. <br /> 3. Since, there was no dispute regarding the facts of the case and the payment of booking amount filing of affidavit evidences are dispensed with and arguments are heard.<br /> 4. The point for consideration is:<br /> “Whether the complainants are entitled for the refund of booking amount with interest?”<br /> 5. The respective complainants have booked flats with the opposite party by paying Rs. 1,00,000/- each as booking amount. To that effect the complainants have produced booking form and also the receipt executed by the opposite party for Rs. 1,00,000/-. The payment of Rs. 1,00,000/- has not been denied by the opposite party. The opposite party in the defence version has clearly admitted that the complainants have booked the flats. The complainants submitted that there was delay in launching the project and opposite party has not come forward to execute the construction agreement for the rate agreed upon at the time of booking. Therefore, the complainant demanded refund of amount with interest. The opposite party having utilised the amount of the complainants and demanded higher rate. But the complainants are not ready for the higher rate and they are not interested for purchase of flats. The complainants are satisfied if their amount is refunded with interest. There should not be any objection or grievance on the part of opposite party to refund the amount with interest. On the facts and circumstances of the case it would be just, fair and reasonable to grant interest at 12% p.a. on the refund amount. The Hon’ble National Commission and State Commission are awarding interest in the similar nature of cases. Consumer Protection Act is a social and benevolent legislation intended to protect better interests of the consumers. The complainants 1 to 3 having parted with the money they are bound to get the interest. In the result I proceed to pass the following: <br /> ORDER<br /> 6. The Complaint is allowed. The opposite party is directed to refund Rs. 1,00,000/- each to the respective complainants along with 12% interest p.a. from the date of respective payments made by the complainants till payment / realisation.<br /> 7. The complainants are entitled for Rs. 1,000/- each as costs of the present proceedings from the opposite party. <br /> 8. The opposite party is directed to comply the order within 30 days from the date of this order. The opposite party is directed to pay the amount to the respective complainants directly along with interest by way of D.D. / Cheque with intimation to this forum.<br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 09TH DAY OF JULY 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER<br />