BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.62/2015

DATED ON THIS THE 11^th September 2015

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, against the opposite party, seeking a direction to register and deliver the possession of the site or in the alternative to pay compensation of `15,00,000/- and other reliefs.
2.     The complainant submits that, he being a member of opposite party society, has paid a sum of `1,50,000/- towards full payment of the sital value on 26.10.2011.  A provisional allotment letter and allotment letter has been issued in respect of site bearing No.114/6, ‘D’ Block, measuring 20’ x  30’ situated at Bogadi Village Extension, Mysore.  The opposite party fail to execute a registered sale deed, inspite of several reminders.  Hence, alleges deficiency in service on the part of opposite party and pray for relliefs.
3.     The opposite party admitted the receipt of `1,50,000/- towards full consideration of sital value on 26.10.2011 issuance of provisional allotment letter and allotment letter on 03.11.2011 and 18.02.2012 respectively.  The opposite party admitted the notice dated 21.07.2014 and 30.10.2014 and the replied on 08.11.2014.  The opposite party submits that it is not possible to register the site in favour of the complainant, since said site has been ear marked for park and no sites are available.  Hence, it is ready to pay compensation amount.
4.    The parties filed affidavit with certain documents.  Written arguments submitted by both parties.  Perused the documents and posted for orders.
5.     The points that arise for consideration of this Forum are as follows:-

1. Whether the complainant proved that any deficiency in service on the part of the opposite party and he is entitled to the relief sought?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant is a member of opposite party society deposited a sum of `1,50,000/- towards entire consideration for the site bearing No.114/6, ‘D’ Block, measuring 20’ x 30’ situated at Bogadi village extension, Mysore on 26.10.2011.  The provisional allotment letter and allotment letter issued by opposite party but registration and delivery of possession was not made till date in spite of repeated reminders and legal notices.  Hence, alleged deficiency in service and prays for compensation and other reliefs.
8.    The opposite party admitted that the complainant as its member, deposited a sum of `1,50,000/- for the site bearing No.114/6, ‘D’ Block, measuring 20’ x 30’ situated in Bogadi Village Extension, Mysore on 26.10.2011.  Also admitted the issuance of provisional allotment letter on 03.11.2011 and allotment letter on 18.02.2012.  Further, admitted the receipt of legal notices dated 21.07.2014 and 30.10.2014 and replied notice on 08.11.2014.  The opposite party submitted that the site property allotted to complainant has been ear marked for park area.  The opposite party alleged that the complainant got allotment from its Ex-president and further contended that the complaint is filed after the lapse of 2 years and 9 months as such the complaint is not maintainable.  The opposite party submitted that since no sites are available, it is ready to pay the compensation amount to the complainant.  Hence, there is no deficiency in service on the part of the opposite party and prays for dismissal of the complaint.
9.    Considering the submissions made by the opposite party, since there are no sites available to reallot, it is hereby concluded that the complainant is certainly entitled for the compensation and other reliefs.  Accordingly, point No.1 is answered partly in the affirmative.
10. Point No.2:- In view of the above discussion, we pass the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party is hereby directed to pay `1,50,000/- to the complainant with 18% interest p.a. from the date of payment i.e. 26.10.2011, within 30 days of this order.
3. Further, the opposite party shall pay a sum of `4,00,000/- towards compensation to the complainant, within 30 days of this order.  In default, the opposite party shall pay interest at the rate of 18% p.a. on the said sum of `4,00,000/- until realisation. 
4. In case of default to comply this order, the O.P. shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.