Date of Filing: 15.09.2009 Date of Order: 23.10.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 23RD DAY OF OCTOBER 2009<br /> PRESENT<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 /> COMPLAINT NO: 2220 OF 2009<br /> <br /> M. Swathi<br /> R/at 14th Handin Road<br /> Ulsoor Road<br /> Bengaluru 560 042 Complainant<br /> <br /> COMPLAINT NO: 2221 OF 2009<br /> <br /> E. Chakkravarthy<br /> R/at No. 1, Graph Garden<br /> Thyagarajanagar<br /> Bengaluru 560 028 Complainant<br /> <br /> COMPLAINT NO: 2222 OF 2009<br /> <br /> K.T. Mohandas<br /> R/at NO. 12, 1st Floor<br /> I Main, ‘K’ Block<br /> Dr. Rajkumar Road<br /> Rajajinagar, Bengaluru 10 Complainant<br /> <br /> COMPLAINT NO: 2223 OF 2009<br /> <br /> Mekani Lakshmi Sujatha<br /> R/at H.A.L. Layout<br /> Vimanapura<br /> Bengaluru 560 017 Complainant<br /> <br /> COMPLAINT NO: 2224 OF 2009<br /> <br /> H.P. Janakamma<br /> R/at No. 55, C.A.T. Street<br /> Ulsoorpet, Bengaluru 560 002 Complainant<br /> <br /> V/S<br /> <br /> The Vyalikaval House Building Co-op.<br /> Society Ltd., No. 62, 7th Main<br /> Between 8th and 9th Cross<br /> Malleswaram<br /> Bengaluru 560 003<br /> Rep. by its Secretary, Srinivas Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These five complaints are clubbed together for passing common order since the opposite party in all the cases one and the same. <br /> The respective complainants have filed complaints under Section 12 of the Consumer Protection Act seeking refund of amount with interest.<br /> The facts of the case are that the complainants became member of the opposite party society. The complainants have paid amounts to the opposite party society towards site. Opposite party acknowledged the payment. The opposite party did not allot the site and execute the sale deed on one or other pretext. Request made by the complainants several times to allot the site and refund amount was not complied by the opposite party society. The complainants have got issued legal notice. The opposite party after receiving the legal notice replied admitting the transaction. Therefore, the complainants have prayed for refund of amount paid by them with interest.<br /> 2. Notice issued to opposite party. Opposite party put in appearance through advocate and defence version filed. In the defence version it is stated that layout was not formed due to various litigations and legal hurdles. The opposite party society had admitted that complainants are the members of the society and they have paid the amount for allotment of sites. The opposite party society submitted that the Hon’ble National Commission awarded 6% interest p.a. to the complainants and the opposite party society prayed some time to make payments.<br /> 3. Arguments are heard.<br /> 4. The points for consideration are:<br /> 1. Whether the respective complainants are entitled for refund of amount with interest?<br /> 2. Whether the complainants have proved deficiency of service on the part of opposite party?<br /> 5. I have gone through the complaint allegations, documents and defence version.<br /> 6. There is no dispute that complainants are members of the opposite party society. The respective complainants have paid amounts to the opposite party society towards allotment of site. It is also admitted fact that opposite party society has failed in its commitment and obligation to allot the sites for various reasons. Therefore, it is clear that there is deficiency in service on the part of opposite party society. The complainants having paid the amount with a hope that they may get sites are not able to get the required sites as promised by the opposite party. Therefore, ultimately the complainants demanded refund of amount with interest. The request of the complainants for refund of amount with interest is quite just, fair and reasonable. On the facts and circumstances of the case grant of interest at 10% p.a. will be just, fair and reasonable. In the result I proceed to pass the following:<br /> ORDER<br /> 7. All the 5 complaints are allowed. The complainant in complaint No. 2220/2009 M. Swathi is entitled for refund of Rs. 36,000/- along with interest at 10% p.a. from 17.10.1998 till payment / realisation.<br /> 8. The complainant in complaint No. 2221/2009 E. Chakkravarthy is entitled for refund of Rs. 1,29,712/- along with interest at 10% p.a. from 12.11.1997 till payment / realisation.<br /> 9. The complainant in complaint No. 2222/2009 K.T. Mohandas is entitled for refund of Rs. 1,80,000/- along with interest at 10% p.a. from 18.04.2000 till payment / realisation.<br /> 10. The complainant in complaint No. 2223/2009 Mekani Lakshmi Sujatha is entitled for refund of Rs. 87,800/- along with interest at 10% p.a. from 04.07.1997 till payment / realisation.<br /> 11. The complainant in complaint No. 2224/2009 H.P. Janakamma is entitled for refund of Rs. 50,000/- along with interest at 10% p.a. from 30.07.1998 till payment / realisation.<br /> 12. The opposite party shall comply the order within four weeks from the date of this order.<br /> 13. The respective complainants are entitled for Rs. 1,000/- each as costs of the present proceedings from the opposite party.<br /> 14. Keep the copy of the order in connected case files. <br /> 15. Send the copy of this Order to both the parties free of costs immediately. <br /> 16. Pronounced in the Open Forum on this 23RD DAY OF OCTOBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />