COMPLAINT FILED: 26.05.2009<br /> DISPOSED ON:17.08.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 17TH AUGUST 2009<br /> <br /> PRESENT :- SRI. A.M.BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1194/2009<br /> <br /> <br /> COMPLAINANT Sri.B.M.Samdaria,S/o.Late Sri.Mganmalji,Aged about 67 years,Chartered Accountant,Ashoka Building,B.V.K.Iyengar Road,Bangalore – 560 053.Advocate – Sri.M.R.RavindraV/s.<br /> OPPOSITE PARTY The Amarjyothi House Building Co-operative Society Ltd,No.40, M.N.K. Rao RoadBasavanagudi,Bangalore – 560 004.Rep. by its SecretaryAdvocate – Sri.G.Kasturi<br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to allot a site measuring 40Ft.x 60Ft. and pay a compensation of Rs.19,75,000/- and for such other relief’s on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> 2. Complainant being lured away with the propaganda, publicity issued by the OP who claims to be a House Building Co-operative Society engaged in formation of residential layout consisting of sites of various dimensions thought of purchasing a site in the project floated by OP. OP accepted the membership of the complainant and promised to allot a site measuring 40Ft. x 60Ft. in their Domulur layout. In that regard OP has collected about Rs.35,000/- right from the year 1982. Though complainant patiently waited for more than 2 ½ decades OP neither allotted him a site nor registered it, inspite of his repeated request and demand. Complainant ultimately caused legal notice on 25-06-2009. Again there was no response. Under such circumstances complainant felt deficiency in service on the part of the OP. Though he invested his hard earned money he is unable to reap up the fruits of his investment for all these years because of hostile attitude of the OP. Hence, he is advised to file this complaint. <br /> <br /> 3. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP it is a non-profit making organization hence they are not liable to pay the interest on the sital value. No such vacant sites are available at the disposal of the OP as on today. Though OP came forward to refund the money paid, complainant did not respond for the same. Due to some inconvenience OP is unable to float the project. No fault lies with the OP. Other allegations made by the complainant are all false. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 4. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced the documents. OP has also filed the affidavit evidence. Then the arguments were heard.<br /> <br /> 5. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 6. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> <br /> <br /> Point No.1:- Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 7. At the outset it is not at dispute that complainant became the member of the OP society and opted to purchase a site from the layout formed by the OP measuring 40Ft. x 60Ft. It is also not at dispute that complainant paid about Rs.35,000/- towards the cost of the said site. Now the grievance of the complainant is that though he patiently waited for more than 2 ½ decades he was unable to get the site from the OP. His repeated request and demands made to OP went in vain, but that is why he caused legal notice on 25-06-2007 that is nearly after 25 years. <br /> <br /> 8. Why complainant made so much of delay in demanding the OP to register the site by causing the legal notice is not known. On the other hand OP has up come with the defence that as on today no vacant site are available at their disposal. Due to some inconvenience and legal hurdles they are unable to complete the said project. This fact is not denied by the complainant. On the perusal of the documents produced by the litigants parties complainant has not produced such of the other documents to show that there are certain vacant sites free from encumbrance are still available at the disposal of the OP in a layout which is approved by the statutory authority. So in absence of such basic proof the prayer of the complainant for issuance of the direction to OP to register and allot a site measuring 40Ft. x 60Ft. rather cannot be considered. <br /> <br /> 9. Bearing in mind the facts and circumstances of the case in our view justice will be met by directing the OP to refund the sital value with interest along with litigation cost. With all fairness OP is agreeing to refund the said amount with 12 % interest. In our view it will meet the end of justice. For these reasons we answer point nos.1 and 2 accordingly and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part.<br /> <br /> Op is directed to refund Rs.35,000/- with 12% interest from April’ 1982 till realization and pay a litigation cost of Rs.1,000/-. <br /> <br /> This order is to be complied within 4 weeks from the date of its communication. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 17th day of August 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> NRS<br /> <br /> <br />