O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s. 12 of the C.P. Act of 1986 seeking direction against Opposite Party (herein after called as OP) to pay an amount of Rs.2,37,000/- with interest at 18% p.a. from the date of receipt till the date of payment and to pay a reasonable compensation on an allegations of deficiency in service on the part of OP.<br /> <br /> The case of the complainant to be stated in brief is that:-<br /> <br /> 2. The OP is a firm carrying on the business with Real Estate activities including formation of layouts consisting of residential sites along with infrastructure development to support the same. OP represented to the complainant that they are the absolute owners of plot No.615 in the layout formed on land comprised in different survey numbers and offered to sell the same for a sum of Rs.7,12,800/-. The complainant accepted the said offer and paid sum of Rs.2,37,600/- towards advance and entered into an agreement with OP on 21-03-2008. OP never accomplished its part of the agreement inspite of several communications made. Legal notice dated 03-08-2009 was got issued to the OP demanding refund of the amount paid in the agreement, even after the receipt of legal notice OP has not refunded the amount. Hence the complainant felt deficiency in service on the part of the OP and the complaint seeking necessary reliefs as stated above.<br /> <br /> 3. OP on appearance filed version demanding that the complainant entered into agreement to purchase plot No.615 for Rs.7,12,800/- and paid an amount of Rs.2,37,600/- towards advance, an agreement was entered into on 21-03-2008. It is stated that the OP on several occasion informed the complainant that the project was incomplete because of not getting conversion order from the concerned authority due to gobal economic crisis and present financial crisis and global depreciation. OP has got issued legal notice dated 09-09-2009 to the notice of the complainant requesting some time to complete the sale transaction. OP is ready to give alternative site in one of the other layout formed at Mysore Taluk and District. If the complainant is not interested in alternative site OP is ready to return booking amount of Rs.2,37,600/- due to inevitability of not getting the conversion order, approval from the competent authority and also due to the global economic crisis, present financial crisis. Hence it is prayed to dismiss the complaint with costs. <br /> <br /> 4. The complainant filed affidavit to substantiate the complaint allegations. OP got filed affidavit by one of its partner in support of defence version. Both the parties filed written arguments. Heard on both sides. <br /> <br /> 5. Points that arise for our consideration are:-<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 6. We record our findings on the above points are:-<br /> <br /> Point No.1:- Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 8. At the out set it is not in dispute that the OP being carrying on the business in Real Estate offered to sell plot No.615 in the layout formed for a sum of Rs.7,12,800/- and the complainant accepted the offer and paid an amount of Rs.2,37,600/- as advance and entered into an agreement dated 21-03-2008. The copy of the agreement deed is produced which provides the terms and conditions governing the sale transaction by one of the policy. OP is unable to fulfill its obligations on account of permission being not granted for conversion and for forming the layout. OP has offered to approve alternative site in other layout formed and approved but the complainant is not prepared to accept the said offer. In the alternative OP is prepared to refund the amount as terms and conditions of the agreement could not been complied with. The complainant has claimed the relief for the refund of that amount paid towards the advance consideration with interest at 18% from the date of payment. Though the advance paid is Rs.2,37,600/- but the claimed amount is only Rs.2,37,000/- interest claimed at 18% p.a. is at the higher side. The complainant at the time of entering into agreement to purchase the site was aware of the fact that still OP has to get conversion order and layout approval as such it cannot be said that OP has suppressed any material while receiving the advance sale consideration. <br /> <br /> 9. Clause 2 of the agreement of sale provides the seller to buy back the plot with an appreciation of 1/3rd value on the booking amount and after 6 months from the dated of receipt of the amount paid at the time of booking of plot. The purchaser should confirm option of getting the plot registered or selling the plot under the Buy-back policy to the seller within a period of two months from the date of booking of the plot failing which the seller will be entitled to buy back the plot without giving any further notice to the purchaser. As per the terms of the agreement and complainant has also not intimated the OP regarding his option within a period of two months from the date of agreement deed. Inspite of receipt of legal notice OP has failed to refund the amount and made the complainant to approach the Forum for seeking necessary reliefs when the OP has received the amount towards advance and unable to fulfill its obligations as per the terms of the agreement and execute the sale deed it was informal on its part to retain the advance received which nothing to deficiency in service on its part. Taking into consideration of the fact and circumstances we are of the view that the complainant is entitled for the refund of the amount with interest at 12% p.a. from the date of payment till realization. Accordingly we proceed to pass the following :<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. <br /> <br /> OP is directed to refund an amount of Rs.2,37,000/- with interest at 12% p.a. from the date of payment till the date of realization with litigation cost of Rs.2,000/-.<br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (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 th day of January 2010.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> NRS<br />