COMPLAINTS FILED ON:03.11.2011
DISPOSED ON:27.03.2012.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
27th DAY OF MARCH-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.2020/2011
Complainant | Manjunath J.Mysore S/o Late Junjappa H.Mysore, Aged about 53 years, Sr.Divisional Manager, M/s National Insurance Co. Ltd. Huddar Building Opp-Head Post Office, Station Road, Dharwad-580 001. Karnataka State. Adv:Sri.H.K.Ramamurthy V/s |
OPPOSITE PARTY/S | 1. The President, Karnataka Legislative Counsel, Secretariat, Employees Welfare Forum (Reg), Vidhana Soudha, Bangalore State, Karnataka. 2. Mr.K.V.Venkatesh S/o Late Venkataramaiah, M/s Venkateshwara Estate and Builders, No.2, 2nd Flooor, 4th Main Neharu Nagar, Sheshadripuram, Bangalore-560 020. Adv:Sri.M.G.Raghunandan. |
O R D E R
SRI. B.S.REDDY, PRESIDENT
The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986 seeking direction against the Opposite Parties (herein after called as O.Ps) to refund an amount of Rs.5,89,000/- with interest at 18% p.a. along with costs of the litigation on the allegations of deficiency in service on the part of the OPs.
2. OPs though appeared through their counsel, but in spite of sufficient opportunity given, no version is filed.
3. The complainant filed affidavit evidence to substantiate complaint averments and produced the documents.
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 OP1 is the registered Welfare Forum registered under the Society Act, the same is formed for the benefits and Welfare of its members. OP2 is Land Developer doing Real Estate Business. Both these Ops jointly proposed to form a layout by name ‘Vayuja Counsel Garden’ situated at Hoovinayakanahalli Village, Jala Hobli, Bangalore North Taluk, Bangalore District. The complainant became member of Op1 by paying membership amount of Rs.2,000/- on 01.04.2008 to allot a site measuring 30 X 40 feet in favour of the complainant for Rs.7,80,000/- in the proposed layout and Ops received an amount of Rs.3,90,000/- through cheques dt.01.04.2008 and further sum of Rs.45,000/- on 18.09.2008 through cheque and another sum of Rs.1,00,000/- on 17.09.2008, through cheque and further sum of Rs.50,000/- on 17.09.2008 through cheque. Thus in all Ops have received total amount of Rs.5,87,000/- towards initial sale consideration towards cost of the site. In the agreement deed dt.25.04.2008 Ops have acknowledged the receipt of Rs.3,90,000/- and the complainant agreed to pay 2nd instalment of Rs.1,95,000/- within one month. Accordingly he has paid the remaining amount of Rs.1,95,000/- under the receipts dt.17.09.2008 and 18.09.2008. Ops failed to fulfill their obligation of forming a layout and allotting the site as assured. The complainant issued letter to the Ops on 10.09.2011 calling upon Ops to execute the sale deed or to repay the amount, but Ops have not replied for the said letter. In a similar complaint in complaint No.2789/2010 against the same Ops interest has been awarded at the rate of 18% p.a. on the amount refunded.
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. When Ops were not able to form any layout and allot the site to the complainant, it would have been fair enough on their part in refunding the amount to the complainant. The act of Ops neither forming the layout and allotting the site nor refunding the initial advance sale consideration received, amounts to deficiency in service on their part. The complainant is entitled for refund of the amount of Rs.5,89,000/- with interest at 18% p.a. by way of compensation from the respective date of payments, till the date of realization 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.
Ops are directed to refund an amount of Rs.5,89,000/- 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 27th day of MARCH-2012.)
MEMBER PRESIDENT
Cs.
