Date of Filing:05/06/2021 Date of Order:31/12/2021 BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SHANTHINAGAR BANGALORE - 27. Dated:31st DAY OF DECEMBER 2021 PRESENT SRI.H.R. SRINIVAS, B.Sc., LL.B. Retd. Prl. District & Sessions Judge And PRESIDENT SMT.SHARAVATHI S.M., B.A., LL.B., MEMBER COMPLAINT NO.298/2021 COMPLAINANT : | | Miss. SHIBINA P.NARAYANAN D/o Shri TV Narayanan Aged about 26 years Residing at No.4, 1st Cross GTVR Garden, Near Kaliyamma Temple Babusab Palya, Bangalore North Kalyana Nagar Bangalore 560 043 (Karnataka) Ph:9633603243 (Sri Anil Reddy.S Adv. for Complainant) | |
Vs OPPOSITE PARTY: | | BSNL,CENTRAL & STATE GOVERNMENT Information Technology & Retired Employees’ House Building Co-op Society Limited, Office at No.380/6, Amrutha Complex Amruthahalli Main Road Sahakar Nagar Post, Bangalore 560 092 Represented by its President (Sri Ravikumara.BR Adv. for OP) | |
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ORDER
SRI.H.R. SRINIVAS. PRESIDENT
1. This is the Complaint filed by the Complainant against the Opposite Party (herein referred to as OP) under section 35 of the Consumer Protection Act 2019 for the deficiency in service in not completing the layout formation and handing over the plot and for refund of Rs.2,42,075/- along with interest at 18% per annum on the said amount and to direct OP to pay a sum of Rs.2,50,000/- towards liquidate damages and for such other reliefs as the Hon’ble District Commission deems fit.
2. The brief facts of the complaint are that; complainant wanted to purchase a plot measuring 30X40 to be formed by OP which is a house building cooperative society. She paid membership fee and booking fee of Rs.2,375/- and Rs.2,39,700/- in all Rs.2,42,075/- which has been acknowledged by OP by issuing receipt bearing No.822, dated 04.12.2017. On 01.07.2019, OP demanded to pay Rs.2,39,700/- being the 2nd installment of the cost of the site. When she approached to Op to pay the said amount the directors of OP did not receive the amount stating that the said plot is under litigation and informed to pay afterwards. They kept on saying the same even when contacted during November 2020. When she demanded the OP to receive the full consideration and to execute and register the sale deed, OP did not execute, register the sale deed and hand over the plot. When she requested OP’s to refund the amount paid along with interest and on even several phone calls OP went on postponing to refund the amount and hence he had to issue a legal notice on 22.04.2021 which was received by the OP.
3. Inspite of it, OP did not comply the same nor replied the same and refunded the amount. The act of OP in not allotting the plot executing and registering the sale deed and handing over the plot and in the alternative to refund amount with the interest amounts to deficiency in service, unfair trade practice and hence the complaint.
4. Upon the service of notice, Op appeared before the commission through its advocate whereas inspite of taking adjournment/time to file the version, it did not file the same within the statutory period of 45 days and hence the right to file the version was forfeited by this commission. Complainant examined herself as PW-1 and 7 documents marked. OP has not adduced any evidence. Arguments Heard. The following points arise for our consideration:-
1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?
2) Whether the complainant is entitled to the relief prayed for in the complaint?
5. Our answers to the above points are:-
POINT NO.1 : IN THE AFFIRMATIVE.
POINT NO.2 : PARTLY IN THE AFFIRMATIVE.
For the following.
REASONS
POINT No.1:-
6. On perusing the complaint documents, evidence filed by the complainant, it becomes clear that, that the complainants booked a plot with OP by becoming an associate member of the society by paying the membership fee and also applied for purchase of a site measuring 30X40 in CREDENCE-II Layout formed by OP House Building Cooperative Society. The receipt of 20375 and Rs.2,39,700/- has been acknowledged by OP by issuing receipt. Notice demanding to pay the 2nd installment is also produced. She has also written a letter to OP that as the allotment of the site is getting delayed and taking long time as she is need of the money, she requested the OP to refund the amount and also issued a legal notice demanding the same which has been received by the OP as per the postal acknowledgement.
7. When all these facts and circumstances are taken in to consideration, OP has not at all replied to the legal notice as well as to the letter written by the complainant before filing of this complaint and even after receiving the notice issued by this Commission, after filing the complaint, OP kept quite without informing as to whether it has formed the site and ready to execute the sale deed, register the same and handover the possession of the site by receiving the balance of sale consideration.
8. The silence of the OP clearly makes us to draw the inference that OP has not at all formed the layout/site and not ready to hand over the same to the complainant and to register the same in his favour. It is the bounden duty of the OP to form the layout and site and allot the same to persons who are seeking for allotment by paying the advance amount within the time agreed. When the same is not adhered to, the same amounts to deficiency in service, negligence and further not refunding the amount to unfair trade practice. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.
POINT NO.2:
9. Complainant is entitle to refund of Rs.2,42,075/- along with interest at 12% per annum from the date of receipt of the amount i.e. 04.12.2017 till the payment of the entire amount. Further act of OP made the complainant to suffer mentally, and physically and also financially for which we direct OP to pay a sum of Rs.25,000/- towards damages and Rs.10,000/- towards litigation and incidental expenses. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:
ORDER
1. The complaint is allowed in part with cost.
2. OP i.e. BSNL, Central & state Government Information Technology & Retired Employees’ House Building Co-op Society Limited represented by its President/Authorized signatory is hereby directed to Rs.2,42,075/- along with interest at 12% per annum from the date of receipt of the amount i.e. 04.12.2017 till the payment of the entire amount.
3. Further OP is directed to pay a sum of Rs.25,000/- towards damages as compensation and Rs.10,000/- towards cost of the litigation expenses.
4. OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.
Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.
(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 31st day of December 2021)
MEMBER PRESIDENT
ANNEXURES
- Witness examined on behalf of the Complainant/s by way of affidavit:
CW-1 | Shibina P Narayanan – Complainant |
Copies of Documents produced on behalf of Complainant/s:
Ex P1: Copy of the application form for associate membership with OP.
Ex P2: Copy of the cheque for having paid the amount.
Ex. P3: Copy of the receipt issued by OP.
Ex P4: Copy of the Notice issued by OP to pay the balance instalment.
Ex P5: Copy of the letter written by complainant to OP.
Ex P6: Copy of the legal notice issued to OP.
Ex P7: Postal acknowledgement.
2. Witness examined on behalf of the Opposite party/s by way of affidavit:
RW-1: -Nil-
Copies of Documents produced on behalf of Opposite Party/s
-Nil-
MEMBER PRESIDENT
RAK*
