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

DATED 31^TH DAY OF MARCH 2022

O R D E R

SRI.H.JANARDHAN, MEMBER

This is the complaint filed by the complainant under section 35 of C.P.Act, 2019 (Herein referred as Act) against OP with a prayer to seeking relief for refund sum of  Rs.5,00,000/- with interest at 18% p.a. with costs of the proceedings and such other reliefs.

2. The brief averments made in the complaint are as under:

The complainant and his brother with and intention to purchase apartments of 3BHK & 4 BHK  had approached OP and after seeing proposal of OP, which was accommodated near Kammanahalli, Bengaluru. The complainants having  shown  interest to own an apartment from the OP have booked 4BHK apartment and accordingly submitted application to OP on 29.12.2015. Accordingly, complainant made initial deposit of Rs.5,00,000/-  dt. 30.12.2015 and  OP issued receipt. After receipt of said amount, the complainant approached  OP and OP intimated that construction of apartment would be completed within six months. The complainant waited for six months and followed up with the OP, but OP did not show any construction developments of the apartment from 2017  to 2019. Though complainant followed up to have the flat of a choice. Being fed up by the act of the OP, the complainant decided to cancel the said flat and sought for refund of amount by causing legal notice to the OP on 29.03.2021, but OP did not reply for the said legal notice nor shown any developments towards construction of the apartment. Hence, complainants to get refund of the amount paid at the time of booking have filed this present complaint seeking refund of the same.

3.  In response to notice OP did not appear. Hence, OP is placed exparte.  Complainant has not lead his evidence.

4.  The points that arise for our consideration are:

1.  Whether the Complainant proves the deficiency of service on the part of OP, if so, entitled for the relief sought for?
2. What order?

  5.  Our answers to the above points are as under:

       Point No.1:  Affirmative in part.

      Point No.2:  As per final order

REASONS

6. Point No.1:  On perusal of documents produced by the complainants, it is seen that as they booked flat in the OP institution for 3 & 4 bed rooms flats. Later on complainants decided to go for  04 BHK flat as they were in shortage of funds and made an advance amount of Rs.5,00,000/- to the OP on 30.12.2015 bearing cheque No.000113 drawn in Kotak Mahindra Bank,Bengaluru and the said cheque got cleared on 02.01.2016. Under receipt. The complainants followed up with the OP to see that the construction of the OP apartment would be completed as early as possible. But due to reasons best known to OP, the OP project did not come to an end till 2019. Hence, complainants decided to cancel the flat and sought for the refund of amount, but OP did not  refund the amount inspite of notice issued by the complainants dt.29.03.2021.  And after issuance of notice also the OP institution  made complainant move  from piller to post.  OP never made efforts  to refund advance amount to the complainant nor refunded the amount to the complainant. It shows clear deficiency of service on the part of OP. The complainants  have  invested their hard earned money to purchase the flat to fulfil their dreams of having flat of their own. But  OP is not interested to complete the project and refund the amount to the complainant. In this context,  several judgements passed by the Hon’ble Supreme court, Hon’ble National Commission, it is seen that awarding 9% p.a.  will suffice.  Hence, we deem it fit to pass on order for  refund of Rs.5,00,000/- which was made by the complainants as advance to purchase of flat along with interest at the rate of 9% P.A.  interest. Hence,  we inclined to direct the OP to refund the amount of Rs.5,00,000/- with interest at 9%P.A. from date of deposit. Accordingly, complainant is entitled to receive Rs.5,00,000/- with interest at the rate of 9% P.A. by way of compensation with litigation cost of Rs.2,000/-. Accordingly, we answer the point in affirmative.

7. Point No.2:  In view of our findings on the point No.1, we pass the following:

O R D E R

1. The complaint filed by the complainant U/s 35 of the Consumer Protection Act, 2019 is allowed in part. 
2. The OP is directed to refund an amount of Rs.5,00,000/-(Rupees  Five lakhs only) with interest at the rate of 9% p.a. by way of compensation from the date of deposit till realization with litigation cost of Rs.2,000/- (Rupees Two  thousand only). 
3. We also direct the OP to comply the above order within 3 months from the date of receipt of this order, failing which the Complainant is at liberty to have the redress as per law.
4. Furnish free copy of this order to both the parties.

(Dictated to the Stenographer in the open Commission and on this 31^st  day of March, 2022).

List of documents produced by the complainant marked as Ex.A.1 to A.4 are as follows:-