Date of Filing:17.11.2008<br /> Date of Order:23.01.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 23RD DAY OF JANUARY 2009<br /> PRESENT<br /> <br /> <br /> <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 /> <br /> COMPLAINT NO: 2472 OF 2008<br /> <br /> <br /> Jayaprakash<br /> B-418 Mahaveer Marvel Apartment<br /> Kodichikanahalli<br /> Off. Bannerghatta Road<br /> Bangalore 560 076 Complainant<br /> <br /> V/S<br /> Venkata Sai Properties <br /> and Developers Pvt. Ltd.<br /> No. 25, S.V. Arcade<br /> East End Main Road<br /> Jayanagar 9th Block<br /> Bangalore 560 069 Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act 1986. <br /> The complainant has paid Rs. 50,000/- to the opposite party as booking amount for the residential apartment. Amount was paid on 30.06.2008 by way of cheque. The complainant asked documents for legal scrutiny like title deeds, Khatha, commencement certificate, completion certificate etc. from opposite party. Opposite party expressed his inability to provide documents sought by the complainant. Complainant’s advocate intimated the opposite party not to go for purchase of land without documents. Complainant requested the opposite party for the advance amount paid. Opposite party instead of repaying the amount refused to repay. Complainant has written letters to opposite party requesting to pay the amount. Complainant personally requested the opposite party to repay the amount. All the efforts made by the complainant went in vain. Hence, the complaint.<br /> 2. Notice issued to opposite party. Opposite party put in appearance through learned advocate and defence version filed admitting that complainant has paid sum of Rs. 50,000/- on 30.06.2008 by way of cheque. The opposite party submitted that complainant did not take any steps in entering into agreement in terms of booking order. There is no deficiency in service. Complaint has no merit. Therefore, the opposite party prayed to dismiss the complaint.<br /> 3. Arguments are heard.<br /> 4. I have gone through the complaint and documents. The complainant has produced receipt of the opposite party dated 30.06.2008. This receipt is for Rs. 50,000/-. The complainant has also produced Zerox copy of the cheque issued to the opposite party dated 01.07.2008. The complainant has also produced copies of letters sent to the opposite party requesting to refund the amount. It is the case of the complainant that he requested the opposite party to furnish documents required by the advocate to get the legal scrutiny. The complainant demanded title deed, BBMP Khatha, commencement certificate and completion certificate etc. But, the opposite party was not in a position to furnish all these documents to the complainant. Therefore, the advocate for the complainant advised the complainant not to purchase the flat without the said documents. As per the legal advice the complainant requested the opposite party for refund of the advance amount paid for booking flat. The opposite party had admitted receipt of Rs. 50,000/- towards booking of the flat. The opposite party has not produced legal documents, title deeds, BBMP Khata and commencement certificate etc. It is not sure that the opposite party has got all legal documents in their possession and absolutely there is no legal hurdle to purchase the flat. So under these circumstances the complainant does not want to take risk. He wants clear title and other legal documents to purchase the flat. So in the absence of legal documents the complainant had been advised by the advocate not to purchase the flat. So under these circumstances there is nothing wrong in demanding the refund of the advance amount. It is the duty and obligation of the opposite party to refund the amount to the complainant. Since, the opposite party was not in a position to furnish all legal documents to the complainant, the opposite party has no legal right to deny repayment of the advance amount. Non-furnishing of legal documents sought by the complainant amounts to deficiency in service. Therefore, the complainant is right in demanding the refund of the amount paid by him. On the facts and circumstances of the case it is fair, just and proper to direct the opposite party to refund the advance amount of Rs. 50,000/- to the complainant with interest from the date of receipt of the amount. The opposite party will not put to any loss or injustice if the amount is refunded to the complainant. The opposite party is not favouring the complainant in any manner by refunding the advance amount. The complainant is getting his own amount. Therefore, the opposite party should be directed to refund the amount. In the result, I proceed to pass the following:<br /> <br /> ORDER<br /> <br /> 5. The Complaint is allowed. The opposite party is directed to refund Rs. 50,000/- to the complainant along with 12% interest p.a. from 01.07.2008 till payment / realisation. The opposite party is directed to comply the order within 30 days from the date of this order. <br /> 6. The Complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite party.<br /> 7. The opposite party is directed to send cheque / D.D. directly to the complainant with intimation to this forum.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 23RD DAY OF JANUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />