STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA FIRST APPEAL NO. SC/29/A/3060/2024 DEEPA CHANDRAKUMAR PRESENT ADDRESS - NO.12, SHIVA SAI NIVAS, 2ND CROSS, BALAJI NAGAR, BANGALORE

560029. KARNATAKA. ,KARNATAKA.

REPRESENTED BY GPA HOLDER PRESENT ADDRESS - CHANDRA KUMAR S NO.12, SHIVA SAI NIVAS, 2ND CROSS, BALAJI NAGAR, BANGALORE 560029 ,KARNATAKA.

.......Appellant(s)

Versus VENUGOPAL C R PRESIDENT AT SBISBHCSL PRESENT ADDRESS - STATE BANK OF INDIA STAFF BRINDAVAN HOUSING CO-

OPERATIVE SOCIETY LTD. NO.76, BHARANI, 2ND FLOOR, 2ND MAIN 3RD STAGE, NHCS LAYOUT,4TH BLOCK BASAVESHWARA NAGAR. BANGALORE 560079. ,KARNATAKA.

KEMPEGOWDA P PRESENT ADDRESS - LOTUS VALUE DEVELOPERS D BLOCK, 2112, 9TH MAIN RD, SAHAKAR NAGAR, BYATARAYANAPURA, BENGALURU 560092 ,KARNATAKA.

SHIVAKUMAR PRESENT ADDRESS - LOTUS VALUE DEVELOPERS D BLOCK, 2112, 9TH MAIN RD, SAHAKAR NAGAR, BYATARAYANAPURA, BENGALURU 560092 ,KARNATAKA.

.......Respondent(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE APPELLANT:

FOR THE RESPONDENT:

DATED: 03/02/2025

ORDER

A-3060/2024

3-2-2025 ORDER ON ADMISSION BY SRI RAVI SHANKAR, JUDICIAL MEMBER Heard from appellant on admission.

2. Perused the certified copy of the order and memorandum of appeal, we noticed that the respondent has paid an amount of Rs.1,54,700/- through cheque for allotment of the site which was proposed to be developed by this appellant in complaint No.177/2023 on 13.3.2019. After receipt of the amounts, this appellant had not developed any layout, in spite of assurance sites were not developed evenafter lapse of 4 years also no development noticed, hence as per the advice made by this appellant only, they have sought for refund of the amount paid and to cancel membership, after that the amounts were not repaid. Aggrieved by the same, the complainant approached the District Commission alleging deficiency in service and sought for refund of the said amount.

3. The District Commission after trial had allowed the complaint and directed this appellant to pay the above said amount along with another Rs.27,100/- with interest @ 6.5% p.a. from the date of respective payments.

4. Aggrieved by the same, the appellant before this commission and submits that they have not made any promise for refund of the amount and to cancel the site deposit or membership. The said facts was wrongly informed to the District Commission, they informed the respondent that the development is in progress and as soon as the entire development was completed, they going to allot the site in favour of the complainant. Inspite of knowing all these, the complainant filed this false complaint in order to gain wrongfully. The District Commission failed to appreciate the defence taken by this appellant and allowed the complaint. The order passed by the District Commission is not in accordance with law, hence prays to set aside the order passed by the District Commission and dismiss the complaint, in the interest of justice and equity.

5. We noticed that the complainant is waited for nearly four years after payment of the above said amount for allotment of site, but so far no allotment was made by this appellant, no proper reason assigned why the sites were not developed as soon as the amount received, even now no proper reasons assigned before this Commission to set aside the order passed by the District Commission.

6. The District Commission after appreciating the documents produced by both parties has allowed the complaint and directed this appellant to pay the above said amounts. We do not find any irregularity in the order passed by the District Commission. Hence, the order passed by the District Commission is in accordance with law, it does not requires any interference and no valid grounds urged before this Commission to set aside the order passed by the District Commission. As such, the appeal is dismissed and the order passed by the District Commission is confirmed.

Accordingly, we proceed to p