State Consumer Disputes Redressal Commission
K.Venkataramaiah vs V.Bhaskar on 9 September, 2022
1
CC No.622/2018
Date of Filing : 19.12.2018
Date of Disposal : 09.09.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 09.09.2022
PRESENT
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M: LADY MEMBER Complaint No.622/2018
1. Sri K.Venkataramaiah Aged about 64 years S/o Late K.Subbaiah No.1454, 2nd Cross Tavarekere Next to Ganesha Temple Bengaluru-560 029
2. Smt. Seethalakshmi Aged about 55 years W/o K.Venkataramaiah No.1454, 2nd Cross Tavarekere Next to Ganesha Temple Bengaluru- 560 029 Complainants (By Mr. K.S.Sreekantha, Advocate)
-Versus-
Sri. V.Bhaskar S/o Sri G.Venkatesh Murthy Proprietor M/s Total Infra Solutions (Builders and Developers) Having Office at No.18 TNR Arcade, Near Domlur BDA Complex, Domlur Bengaluru - 560 071 Opposite Party (Ex-parte) 2 CC No.622/2018
-: ORDER:-
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
1. This is a complaint filed under Section 17 of CP Act, 1986 seeking refund of amount paid by complainants 1 and 2 in favour of OP along with interest at the rate of 24% per annum from the date of receipt till realization.
2. This Complaint was filed on 19.12.2018 came to be admitted and ordered notice against OP could not be served through ordinary process and it is served through substituted service by way of notification through Daily News Paper as per order dated 01.08.2022, yet OP fails to participate in the complaint proceedings and he is placed ex-parte.
3. The Complainant in order to substantiate their case submitted affidavit evidence of GPA holder of Complainants 1 and 2 by name Smt.Anupama K.V along with documents, which came to be marked as per Ex-C1 to C4. After closure of enquiry, having heard learned counsel for Complainant and on examination of complaint averments, reiterated affidavit evidence and documents, now Commission to decide on the alleged rendering of deficiency in service on the part of OP and if it is shown as to how the relief could be granted?.
4. Learned counsel for Complainants submit that under first Agreement of Sale a sum of Rs.3 lakhs on 21.04.2015 was paid, under second Agreement of Sale a sum of Rs.5 lakhs on 09.07.2015 and Rs.2 lakhs was paid on 25.07.2015 respectively and to support such payments placed agreement of sale. Thus, under these sale deed complainants have shown about their payment of Rs.10 lakhs to OP, yet OP failed to keep up the promise agreed under the Agreement of sale either to allot site or to refund the amount received by him. In such circumstances, Commission is of the view that, Complainants are to be held entitled for refund of Rs.10 lakhs from OP along with interest at 12% per annum from the date of receipt.
Accordingly, Commission proceed to allow the complaint in part and direct OP to pay Rs.10 lakhs along with interest at 12% per annum from the date 3 CC No.622/2018 of receipt and do pay Rs.1 lakh as compensation for rendering deficiency in service and Rs.25,000/- towards litigation costs within 60 days from the date of receipt of this order.
5. Send a copy of this Order to the parties concerned, immediately.
Lady Member Judicial Member *s