Complaint filed on: 02-08-2012
Disposed on: 26-11-2012
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.1589/2012
DATED THIS THE 26th NOVEMBER 2012
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SMT.NIVEDITHA.J, MEMBER
Complainant: -
V.Sanjeevi
1162, 1st Stage, 5th Block,
22nd Cross, HBR Layout,
Bangalore-43
V/s
Opposite party: -
Army Housing Co-operative Society
Limited, No.154, Green Villa,
3rd Cross, Michaelpalya,
Off 80 feet Road, Indira Nagar,
Bangalore-38
Reptd by its Secretary
ORDER
SRI.J.N.HAVANUR, PRESIDENT
This is a complaint filed by the complainant against the OP, praying to pass an order, directing the OP to refund Rs.1,00,000=00 with 18% interest and also to pay cost of litigation.
2. The brief facts of the complaint can be stated as under.
The complainant who being aged 65 years became a member of the OP society by purchasing 10 shares of Rs.100/- each vide certificate No.864 in July 2007. Based on a press advertisement, the complainant applied for an allotment of site measuring 30 X 50 ft in the proposed Army Housing Cooperative society layout “Soldiers port” in Surya Nagar, Bangalore by depositing Rs.1 lakh as part payment vide cheque no.834350 dated 31-7-2007 drawn on SBI, HAL branch, Bangalore. The OP is a housing Cooperative society registered under Section 7 of the Karnataka Co-operative Societies Act. At the time of taking the deposit, the society’s management promised that, the above mentioned layout was being formed and the sites would be allotted within 6 months i.e. before December 2007. As there was no semblance of formation of the layout, and management started giving evasive replies to oral enquires, the complainant became apprehensive and did not make further payments, and till today the said layout has not been formed. The complainant has asked for the refund of the deposit made, but the society has not refunded the deposit of Rs.1 lakh so far. The complainant requested the OP to refund the amount, but the OP did not give any positive response. So, the present complaint is filed.
3. After service of the notice, the OP did not appear before the forum, and he has been placed exparte, and posted the case for filing the affidavit of the complainant.
4. So as to prove the case, the complainant has filed his affidavit by way of evidence, and produced four copies of documents alongwith complaint, and five more copies of documents alongwith memo dated 16-8-2012. We have heard the arguments of the complainant’s side, and we have gone through the oral and documentary evidence of the complainant in between line.
5. The complainant by name V.Sanjeevi s/o. late M.Venkatesalu has deposed in his affidavit stating that, based on a press advertisement and hand out for site allotment in their proposed layout “Soldiers Port” at Surya Nagar, Bangalore, he had purchased 10 shares of 100 each and also applied for allotment of site measuring 30 X 50 by depositing Rs.1.00 lakh as part payment vide cheque no.834350 dated 31-7-2007 drawn on SBI, HAL branch, Bangalore. The society issued receipt no1255 dated 31-7-2007 towards membership and part payment. At the time of taking payment, the society promised that, the layout was being formed and the sites would be allotted by November – 2007. Since, there was no semblance of formation of layout, he asked for refund of Rs.1.00 lakh vide email dated 13-5-2009 followed by reminders dated 21-5-2009, 20-6-2009, 10-7-2009 and 7-7-2012, and till today the society neither formed the layout nor refunded his money. He made a request to this forum to order the OP to refund his deposit of Rs.1.00 lakh together with interest @ 18% per annum from the date of deposit and also to pay the cost of litigation.
6. The above said assertions of the complainant have remained unchallenged. The OP has neither filed his objection nor denied the sworn testimony of the complainant. So we have no reason to disbelieve the oral evidence of complainant. Let us have a look at the relevant documents of the complainant. The complainant has produced copy of receipt dated 31-7-2007 issued by the OP for having received a sum of Rs.1,01,335=00 from the complainant towards membership and part payment of site measuring 30 X 50 sq. ft. Document no.2 of the complainant is the copy of certificate issued by the OP in the name of the complainant for having purchased 10 shares of Rs.100=00 each. Document no.3 is the copy of pamphlet of the OP explaining the total value of the sites measuring 50 X 80 ft, 40 X 60 ft, and 30 X 50 ft. Document no.4 is the copy of banker cheque given by the complainant in the name of the forum for having paid Rs.200=00 towards fee of the present complaint. Document no.1 of the memo dated 16-8-2012 of the complainant is the copy of email dated 13-5-2009 addressed to the OP stating that, he had deposited Rs.1.00 lakh on 31-7-2007 based on promise of the OP that, the site would be allotted in Nov.2007, and they are now in May 2009, but still there is no information about layout formation and allotment of sites, and they cannot wait any longer, kindly refund the deposit amount. Three more copies of emails dated 21-5-2009, 20-6-2009 and 10-7-2009 issued by the complainant to OP were produced and these emails are issued to the OP in the form of reminders calling upon the OP to refund the amount early, as he has to meet out some health problems. Last document of the said memo is the copy of email of the complainant addressed to the OP dated 7-6-2012 calling upon him to refund the amount early. The oral evidence of the complainant in relation to paying the amount of Rs.1.00 lakh to the OP towards advance amount of the site, and inspite of issuing emails in the form of reminders, the OP did not respond stands corroborated by the copy of receipt issued by the OP, and email letters issued in the name of the OP. In order to rebut, the oral evidence of the complainant, the OP did not venture to lead any evidence as such. So taking into consideration the oral and documentary evidence of the complainant, we are of the considered opinion that, the complainant who knocks the doors of the forum seeking relief has proved his case by adducing believable evidence that, after receiving an advance amount of Rs.1.00 lakh from the complainant, the OP has neither allotted a site to the complainant nor refunded the amount and said act of the OP in not giving any response to the letters of complainant, shows that, the OP is negligent in allotting the site to the complainant, and there is deficiency of service on the part of the OP, and as such, the complainant is entitled to refund of Rs.1.00 lakh from the OP with 18% interest per annum on the said amount from 31-7-2007, and the OP is directed to refund the said amount to the complainant with 18% interest per annum from 31-7-2007 till the payment within 30 days from the date of receipt of the order. The OP is further directed to pay a sum of Rs.2,000=00 to the complainant towards cost of litigation, and accordingly, the complaint of the complainant is sustainable. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint of the complainant is allowed. The OP is directed to refund Rs.1,00,000=00 (Rs.One Lakh only) to the complainant with 18% interest per annum on the said amount from 31-7-2007 till the payment within 30 days from the receipt of the order.
The OP is further directed to pay an amount of Rs.2,000=00 (Rs.Two thousand only) to the complainant towards cost of litigation.
Supply free copy of this order to both parties.
Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 26th day of November 2012.
MEMBER PRESIDENT
