CC:815/2017

Dated:04.05.2017.

Heard the complainant arguments  on admission. Orders follows:-

Perused the complaint and its annexures. The complainant is a member of O.P of the House Building Co-operative Society constituted under the provisions of Karnataka Co-operative Societies Act 1959.  Further complainant states that, it is an employees oriented House Building Co-operative society, the object of which is to procure/acquire non-agriculture land, form layout, allot sites to its members.  Further complainant states that being a member of society in order to get a site measuring 40 X 60 at agriculture University Layout, Hebbal , Bangalore and the complainant totally paid Rs.64,800/- since 11.06.1984 to 24.03.1997 to the O.p i.e. on different dates. The complainant alleges that, inspite of his several requests O.P failed to allot and registered site.  Further states that after 34 years by notice dated 01.03.2017 has refunded Rs.64,800/- through cheque dated 16.3.2017 without making payment of any interest.

 On perusing the notice issued by the O.p ‘s society dated 1.3.2017 it discloses that for acquisition of the land by the O.P society and the matter was challenged by the owners of the landed property and the matter is pending before the different courts and ultimately the litigation reaches to the Hon’ble Apex Court bearing SLP No.6804/2009 and ultimately the Hon’ble Supreme Court dismiss the suit filed by the O.P society and hence  the O.P society also preferred Review Petition No.3093/2016 and the same was also got dismissed.  Inspite of the best efforts by the O.ps to acqure the land to form the site layouts, but the O.P failed in their attempt and as per the orders of the Hon’ble Apex Court the acquired land restored back to the original land lords by denotification.  Hence, it is intimated through notice to the complainant and paid Rs.64,800/-. It is worth to note that during the course of arguments the complainant  also clearly admitted that there was the litigation pending before the Hon’ble Supreme Court and also on account of judgment of the Hon’ble Apex Court O.Ps failed to acquire the landed property in order to form the layout and hence by pleading the inability and the O.ps refunded the amount of Rs.64,800/- to the complainant and the complainant also acknowledged the receipt of the said amount.

It is pertinent to note that, complainant himself stated that he is one of the member to the O.P society, if such being the case, if the society contested the matter before various courts and the judgment of the courts and the verdict of the apex court is also binding on the complainant member. Hence, after receiving the amount without any protest from the O.p society and exclusively claiming the amount from the O.ps  and hence the complaint is not sustainable and there is no prima-facie grounds to admit the complaint.

Accordingly, acting under Section 12(3) of C.P. Act 1986 the complaint is hereby rejected.