Date of Filing:22.11.2019

Date of Disposal:29.04.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI RAMACHANDRA.M.S,  PRESIDENT

1. The complainants files a complaint with this Commission under Section 12 of the Consumer Protection Act of 1986 with a direction to OP to repay a sum of  Rs.6,52,600/- along with interest at 24% p.a.  from the date of receipt  till the date of payment and pay cost of proceedings and  such other reliefs.

2.   The following are the complaint's key facts: 

The complainant became the member of the OP society and as a member be intends to purchase a site as per demand of the OP society. The complainant want to purchase the site measuring 30X40 sq.ft. and for the purchase of the same the complainant made initial payment of Rs.1,03,300/-and there after on 22.02.2012, 05.03.2012, 21.09.2012 and 02.22.2012 the complainant has paid a total sum of Rs.6,52,000/- to the OP for the allotment of the site. But the OP even after lapse of 06 years they have failed to allot the site to the complainant as agreed. Despite of best efforts, when the OP has failed to hand over the possession of the site, the complainant got issued legal notice by seeking the OP to allot the site. The notice of the complainant was neither replied nor complied. Aggrieved by the act and action of the OP, the complainant was forced to file the present complaint and sought for relief of refund of amount of Rs.6,52,600/- along with such other reliefs as prayed in the complaint.

3. Notice to OP-duly served, represented by counsel and filed version and affidavit.

4.  The complainant filed chief-examination affidavit along with relevant in support of his contention.

5.  Heard arguments. The matter is reserved for order.

6.  The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

7. The findings on the above points are as under:

Point No.1                :       Affirmative

Point No.2                :       As per final order

REASONS

8. POINT NO.1: The complainant filed chief examination affidavit along with relevant documents in support of their pleading. The complainant became the member of the OP society and as a member intends to purchase a site as per demand of the OP society. The complainant want to purchase the site measuring 30X40 sq.ft. and for the purchase of the same the complainant made initial payment of Rs.1,03,300/-  and there after on 22.02.2012, 05.03.2012, 21.09.2012 and 02.22.2012 the complainant has paid a total sum of Rs.6,52,000/- to the OP for the allotment of the site. But the OP even after lapse of 06 years they have failed to allot the site to the complainant as agreed. Despite of best efforts, when the OP has filed to hand over the possession of the site, the complainant got issued legal notice by seeking upon the OP to allot the site. The notice of the complainant was neither replied nor complied. Aggrieved by the act and action of the OP, the complainant was forced to file the present complaint sought for relief of refund of amount of Rs.6,52,600/- along with such other reliefs as prayed in the complaint.

9. On perusal of the complainant chief examination affidavit and also annexure documents produced from the complaint side, it is found that Annexure-A1 is application form for the purchase of the site pertaining to the OP society in the name of the complainant, Annexure-A2 is two payment details made by complainant through cheque to the OP society, both are dt.17.02.2012 for a total sum of Rs.1,03,300/- and another document Annexure-A3 is representation given by the complainant to the OP society by requesting the OP for refund of the said amount and Annexure-A4,A5,A6 and A7 are the documents in the name and style of receipts issued by the OP Society in favour of the complainant for being received a sum of  Rs.6,40,000/- from the complainant towards total sale consideration for allotment of said site. All these annexure documents which are produced by the complainant clearly supports the facts of the complaint and there by believing the complaint facts that despite of receipt of the said amount the OP society neither repaid amount nor allot the site as per terms of agreement. The OP even though they have filed written version at one stretch they denied complaint allegations  and also denied any deficiency of service on their part. At para-6 of the version statement the OP has clearly and categorically admitted that they were ready and willing to refund the said amount to the complainant without interest in one lumpsum amount if accepts the same. This piece of admission by way of version statement is clear case and clear admission on the part of the OP, wherein they have clearly admitted that they are ready to refund entire amount to the complainant as the India Evidence Act  reads that “Admitted facts need not be proved”. By admitting  the same by the OP by way of version, when they  have admitted the claim of the complainant. The commission has no hesitation to hold that  the act and conduct of the OP attracts deficiency in service on their part, for which they are held liable to refund the said amount to the complainant along with interest with additional reliefs granted in the complaint.  In view of the above discussion, the Point No.1 we answer Partly in Affirmative.

10. POINT NO.2:- In the result, we passed the following:

                             ORDER

1. Complaint is allowed in part.
2. The OP is   directed to refund Rs.6,52,600/- along with interest at the rate of 8% p.a. from 02.11.2012   till refund is made  to the complainant.
3. The OP is   further directed to pay a sum of  Rs.25,000/- as compensation towards deficiency and Rs.5,000/- towards litigation charges. OP fails to comply the order within 45 days from the date of order, compensation amount and cost of litigation shall  carry interest at 6% p.a. for non-compliance of the order.
4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 29^th April 2023)

(RAMACHANDRA M.S.)

PRESIDENT

       (NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

                 MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit: Sri D.K.Siddeshwara prasad-who being the complainant .

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit: Nil

Documents produced by the OP: Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*