FILED ON: | 16-10-2014 |
ORDER ON: | 11-06-2015 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BELLARY
C.C.No.170 of 2014
Present :
(1) Shri. R.Bandachar,
B.Com, LL.B. (Spl) …… President
(in-charge)
(2) Smt Mary Havila,
B.A. …… Member
DATED THIS THE 11TH DAY OF JUNE 2015
COMPLAINANT By- Shri Thippeswamy K, Advocate, Bellary. //VS// | G.Vedavathi, D/o G.Shankarappa, Age: 32 years, Door No.23, 2nd link road, Parvathi Nagar, Bellary. |
RESPONDENTS Exparte. | 1)Vinayaka Builders & Developers, Represented by its Partner, V. R. Giridhar and G.Rajashekar. 2)V.R.Giridhar, S/o V.L.N. Rao, Age: 50 years, Managing Parnter of Kartikeya & Vinayaka Builders & Developers. 3)G.Rajashekar, Managing Parnter of Kartikeya & Vinayaka Builders & Developers. All are residents of Ashrutha complex, 1st floor, Opp: Govt. School, Near Ayyappa Swamy Temple, Radio Park, Bellary and Vinayaka Builders And Developers, Opp: RTO, Aishwarya Colony, Bellary. |
// O R D E R //
Per Shri R.Bandachar.
The complainant filed the complaint against the respondents U/Sec-12 of the Consumer Protection Act 1986.
2. The brief facts of the complainant’s case are that the respondents launched a real estate business in Bellary city in the name and style of Sri Vinayaka Builders and Developers and they have made a layout and offered to sell the plot bearing No.D-963 to the complainant. Accordingly, the complainant purchased the said plot by executing deed of agreement on 09-11-2009 in her favour. The complainant had paid total amount of Rs.98,000/- in installments to the respondents towards the said plot. The respondent no.2 and 3 have closed the said firm and are absconding from Bellary. Therefore, the complainant got issued legal notice to the respondents on 11-08-2014 calling upon them to refund the amount paid by the complainant. But the respondents failed to refund the amount paid by the complainant which amounts to deficiency in service on their part. Hence, the complaint.
3. The notice issued to the respondents through paper publication directing them to appear before this Forum on 18-03-2015, but on that day the respondents were called out and found absent and as such they are placed exparte.
4. The complainant to prove her case, as her evidence, filed her affidavit, which is marked as P.W.1 and got marked 06 documents as Ex.P.1 to Ex.P.6.
- Heard the arguments.
6. The points that arise for our consideration are;
1. | Whether the complainant has proved deficiency in service on the part of the respondents towards her, as alleged in the complaint? |
2. | Whether the complainant is entitled for the reliefs prayed for in the complaint? |
3. | What order? |
7. The findings on the above points are as under.
Point No.1: | In the affirmative. |
Point No.2: | Partly in the affirmative. |
Point No.3: | As per final order. |
// R E A S O N S //
Point No.1 : -
8. There is no challenge to the case of the complainant from the respondents as they are exparte.
9. However, the complainant to prove her case produced the copy of the agreement said to have been entered into between her and the respondents which is marked as Ex.P.1. To prove that the complainant had paid total amount of Rs.98,000/- in installments, produced the copy of the receipts as well as passbook said to have been issued by the respondents which are marked as Ex.P.2. The respondents having not registered the plot in the name of the complainant as agreed by them under the agreement, the complainant is entitled for refund of the amount paid by her. Non-refund of the said amount by the respondents to the complainant amounts to deficiency in service on their part. Accordingly, we answer this point in the affirmative.
Point No.2 :-
10. As the complainant proved that she had paid Rs.98,000/- to the respondents towards the plot and as the plot being not allotted and registered in her name by the respondents, she is entitled for refund of the amount paid by her, from the respondents along with interest, compensation towards deficiency in service and cost of the proceedings, which shall be as per final order. Accordingly, we answer this point partly in the affirmative.
Point No.3 : -
11. In view of the discussions made under Point No.1 and 2, we pass the following;
//ORDER//
The complaint filed by the complainant is partly allowed.
The complainant is entitled to recover Rs.98,000/- with interest @ 9% p.a. from 16-10-2014 till its realization, from the respondents.
The complainant is entitled to recover Rs.3,000/- towards compensation for deficiency in service, from the respondents.
The complainant is also entitled to recover Rs.2,000/- towards cost of the proceedings, from the respondents.
The respondents are jointly and severally liable to pay the above said amounts to the complainant within two months from the date of this order.
Inform the parties accordingly.
(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this 11th day of June 2015) |
| (R.BANDACHAR) PRESIDENT |
| (MARY HAVILA) MEMBER |
