BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1689/2014

DATED ON THIS THE 23^rd December 2016

      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 filed the complaint under section 12 of the C.P.Act, 1986, against the opposite party, alleging deficiency in service and seeking a direction to pay Rs.6,00,000-/- with interest at 18% p.a from the date of payment to till the date of realization or to allot a site in Bogadi 1^st Stage, Ananda Layout or Sathagalli Layout, Mysore by receiving the balance sale consideration amount, if any, in favour of the complainant as agreed.
2.     The complainant intending to purchase a residential site from opposite party society, deposited a total sum of Rs.6,00,000/- on various dates to opposite party, towards initial cost of the site.  The complainant requested the opposite party repeatedly to refund the amount paid by her towards the allotment of a site, but in vain.  A legal notice caused on to opposite party on 10.11.2014, requesting to refund the amount.  An untenable reply has been issued without complying the demands.  Hence, the aggrieved complainant filed the complaint seeking reliefs.
3.     The opposite party denies the allegations of complainant in its version and submits that, the complainant is not a member of the society and has not deposited any amount with it towards allotment of a site in any of its layout.  The complainant is colluding with her father-in-law, who was the Ex-president of the society, created the concocted documents and filed this complaint to defraud the society.  As such, the complainant is not entitled for any reliefs and there is no deficiency in service, hence prays for dismissal of the complaint.
4.     To establish the facts, the complainant lead her evidence by filing affidavit and placed several documents.  The opposite party filed affidavit evidence.  Both parties filed written arguments and heard the oral arguments.  Perused the material on record and posted the matter for orders.
5.      The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service on the part of opposite party in not refunding a sum of Rs.6,00,000/- with interest or not allotting a site in Bogadi 1^st Stage, Ananda Layout/Sathagalli Layout, Mysuru and thereby she is entitled for the reliefs 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 became the member of opposite party society and deposited Rs.1,400/- towards membership fee on 26.11.2012, acknowledged by opposite party vide receipt No.9094.  Further, the complainant deposited, Rs.1,00,000/- on 17.12.2012 by cash, same acknowledged by opposite party vide receipt No.91184 and 9119, Rs.4,00,000/- on 26.04.2013, through D.D. acknowledged vide receipt No.9186 and Rs.1,00,000/- on 04.12.2013, D.D., acknowledged vide receipt No.9238, in all a total sum of Rs.6,00,000/-, with an intention to purchase a residential site from opposite party society.
8.    Due to financial crisis, the complainant, demanded the opposite party, to refund the entire amount deposited with it, vide letter dated 07.05.2014.  The opposite party fail to refund the amount deposited.  A legal notice has been issued on 10.11.2014, replied untenably and amount not refunded.  Hence, the complaint and sought for the reliefs.
9.    The opposite party contended that the complainant was not its member and has not deposited any amount with it.  It denied the request made by the complainant on 07.05.2014, to refund the initial amount deposited.  The opposite party admitted the legal notice issued on 10.11.2014 and contended the same has been suitably replied on 08.12.2014.  The documents and the receipts produced are concocted.  Further, contended that, the complainant’s father-in-law was the former president of opposite party, colluded with each other filed this complaint to defraud the society and to gain an unlawful profit.  As such, there is no deficiency in service by it and not liable to pay any amount to the complainant.  So prays for dismissal of the complaint.
10. The photocopies of the receipts produced on record clearly established the payment of Rs.6,00,000/- by the complainant, towards purchase of a site from opposite party society, on various dates.  The defence taken by the opposite party that, the complainant was not its member and it has not received any amount from complainant is not acceptable.  As such, we opine that, the opposite party society has surely received a total sum of Rs.6,00,000/- from the complainant, towards the allotment of a residential site, but failed and further failed to refund the amount deposited, on demand.  Therefore, the complainant is entitled to receive Rs.6,00,000/- with interest from opposite party society.  Accordingly, point No.1 is answered partly in the affirmative.   
11. Point No.2:- In view of the above, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party society is hereby directed to refund the entire Rs.6,00,000/- along with interest at 18% from the date of respective deposits till this date, to the complainant, within 60 days of this order.  Failing which, the opposite party shall pay Rs.500/- per month as penalty to the complainant, until compliance.
3.   The opposite party shall pay Rs.5,000/- towards compensation for the deficiency in service and Rs.2,000/- towards cost of the proceedings, to the complainant, within 60 days of this order.  In default, the opposite party shall pay interest at 12% p.a. on the total sum of Rs.7,000/-, until payment made.
4. In case of default to comply this order, the opposite party 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.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 23^rd   December 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER