COMPLAINTS FILED ON:22.12.2011

DISPOSED ON:28.02.2012.

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

28^th DAY OF FEBRUARY-2012

  PRESENT:-  SRI. B.S. REDDY                   PRESIDENT       

                      SRI.A.MUNIYAPPA                     MEMBER              

COMPLAINT Nos. 2336, 2337, 2338 & 2117/2011

COMMON ORDER

SRI. B.S.REDDY, PRESIDENT

These are the complaints U/s. 12 of the Consumer Protection Act of 1986 by respective complainants seeking direction against the Opposite Parties (herein after called as O.Ps) to allot and register the sites alternatively to refund the amount paid towards initial sale consideration for the allotment of sites along with compensation and costs of the proceedings on the allegations of deficiency in service.

2. The case of the complainants to be stated in brief is that:

OP K.V.Venkatesh is the Proprietor of M/s Venkateshwara Estates and Builders and also the President of Karnataka Legislative Counsel Secretary Employees Welfare Forum(R). The said Forum is constituted for the benefit of its members. The complainants became the members of the said Forum by paying membership fee. The Forum proposed to form a residential layout known as ‘Vayuja Council Gardens’ situated at Hoovinayakanahalli Village, Jala Hobli, Bangalore Rural District. The complainants applied for allotment of sites in the said layout and paid initial sale consideration. Ops executed agreement of sale incorporating the terms and conditions. Ops could not fulfill its obligation by forming the proposed layout and allotting the sites. The complainant sought for refund of the initial sale consideration paid. In spite of issue of legal notice and repeated demands Ops failed to refund the amount. Thus the complainants felt deficiency in service on the part of the Ops and sought for the relief’s as stated above. The details of the amounts paid, the date of agreement are shown in the chart below:-

3.   In complaint No.2117/2011 Ops issued two cheques one for Rs.3 Lakhs and another for Rs.2.70 lakhs towards refund of the amount but the said cheques when presented were dis honoured stating ‘Funds Insufficient”. The complainant has also claimed an amount of Rs.2,000/- towards enrolment fee paid.

4.   In complaint No.2336, 2337 & 2338/2011 in spite of service of notice, OP failed to appear, hence placed ex-parte.

5.   In complaint No.2117/2011 in spite of sufficient opportunity afforded, OPs failed to file version.

6.The complainants in order to substantiate complaint averments filed affidavit evidence.

7. Arguments on complainants side heard, OPs side taken as heard.

8.We have gone through the complaint averments, the documents produced and affidavit evidence of each of these complainants. Ops issued the receipts acknowledging the receipt of an amount of Rs.4,05,000/- in each of these complaints. In complaint Nos.2336, 2337 and 2338/2011 OP executed the agreement deed acknowledging the receipt of the amounts. Similarly in complaint No.2117/2011 Ops have issued the receipts and executed the agreement deed acknowledging the receipt of total amount of Rs.5,70,000/-. Ops failed to fulfill their obligation by forming the layout and allotting the sites as assured. In spite of repeated demands and request for refund of the advance sale consideration paid, Ops failed to comply the same. There is no reason to disbelieve the unchallenged affidavit evidence of these complainants and the documents produced.  The very fact of Ops remaining ex-parte and not filing the version leads to draw an inference that Ops are admitting the claim of the complainants. The act of Ops in not firming the layout and allotting the sites and executing the sale deeds or refunding the advance sale consideration received amounts to deficiency in service. The complainants are entitled for refund of the amount paid along with interest at 18% p.a. from the respective date of payments as compensation along with litigation cost of Rs.2,000/- in each case. Accordingly, we proceed to pass the following:

O R D E R

The complaints filed by the complainants are allowed in part.

 In complaint Nos.2336, 2337 & 2338/2011 Op is directed to refund an amount of Rs.4,05,000/- in each of these complaints with interest at 18% p.a. from the respective date of payment, till the date of realization and pay litigation cost of Rs.2,000/- to the complainants.

In complaint Nos.2117/2011 Ops are directed to refund an amount of Rs.5,70,000/- with interest at 18% p.a. from 12.02.2008 till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.

 OPs to comply the order within four weeks from the date of this order.

This original order shall be kept in the file of the complaint No.2336/2011 and a copy of it shall be placed in other respective files.

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

(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  28^th day of FEBRUARY– 2011.)

MEMBER                                                           PRESIDENT

CS.,