COMPLAINT FILED:03.02.2012
DISPOSED ON:28.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
28th DAY OF APRIL-2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.250/2012
Complainant | R.Rajendra S/o Late Ramanaidu, Aged about 55 years, Situated at Nirmala Enterprises, No.11-4, 3rd main Road, Mathikere, Bangalore-560 054. Adv:Sri.A.Sanjay Kumar. V/s. |
OPPOSITE PARTIES | 1. The President, The Vyalikaval House Building Co-operative Society Ltd, No.100, 11th Cross Malleshwaram, Bangalore-560 003. 2. The Secretary, The Vyalikaval House Building Co-Operative Society Ltd, No.100, 11th Cross Malleshwaram, Bangalore-560 003. Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against Opposite Parties (herein after called as O.Ps) to refund an amount of Rs.23,500/- with interest at 24% p.a. on the allegation of deficiency in service.
2. In spite of service of notice, Ops failed to appear without any justifiable cause, hence placed ex-parte.
3.The complainant in order to substantiate complaint averments filed affidavit evidence and produced documents.
4. Arguments on complainant’s side heard.
5.We have gone through the complaint averments, the affidavit evidence of the complainant and the documents produced. On the basis of these materials, it becomes clear that OP1 is the President and OP2 is the Secretary of the Vyalikaval House Building Co-operative Society Ltd., which has been established for the purpose of formation of layout and allotment of sites to its members. The complainant became member of OPs-Society and a provisional allotment letter was issued for having allotted a site at Vishweshwaraya Nagar Layout measuring 1200 sq.ft and complainant paid Rs.13,500/- towards the said allotment as part payment and the site number is shown as 4681. On 29.12.1993 the complainant has paid further sum of Rs.10,000/- to Ops-Society thus in all an amount of Rs.23,500/- has been paid regarding allotment of the site. The original pass book produced contains the entries regarding these two payments totally amounting to Rs.23,500/-. The Provisional Allotment Letter dt.14.05.1991 reveals that the complainant had paid Rs.13,500/- and the balance amount payable was Rs.12,500/-. Subsequently, the complainant paid further sum of Rs.10,000/-. In spite of receipt of the amount, OP has not developed any layout and allotted the site. The complainant demanded to refund the amount by submitting the representation dt.15.07.2011 for refund of the amount deposited but OP failed to comply the demand. The complainant got issued legal notice dt.07.12.2011 demanding to refund the amount, for the said legal notice, Ops have issued the reply dt.28.12.2011 stating that they are expecting the funds by another 2 or 3 months from Land Acquisition Officer which is to be recovered from Land Lords, which was paid to them before acquisition of lands. Unfortunately they have lost 478 acres of land due to judgment of Supreme Court. Soon after receipt of the amount they will inform the complainant to receive the cheque. Thus it becomes clear that Ops are not disputing the fact that the complainant has paid totally an amount of Rs.23,500/- towards the cost of the site to be allotted. The act of OP neither developing the layout and allotting the site nor refunding the amount deposited amounts to deficiency in service. The very fact of Ops remaining ex-parte leads to draw inference that they are admitting the claim of the complainant.
6.There is no reason to disbelieve the unchallenged affidavit evidence of the complainant, and the documents produced. The complainant is entitled for refund of the amount with interest at 18% p.a. by way of compensation from the respective date of payments, till the date of realization and 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 in part.
Ops are directed to refund an amount of Rs.23,500/- with interest at 18% p.a. from 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 28th day of APRIL-2012.)
MEMBER PRESIDENT
Cs.
