Date of Filing:15.10.2007<br /> Date of Order:28.04.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 28TH DAY OF APRIL 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 2098 OF 2007 <br /> <br /> <br /> A.S. Shivalingam,<br /> S/o A.K. Singara Velu,<br /> No.103, Sadanandanagar,<br /> Indiranagar Post,<br /> Bangalore-560 038. Complainant<br /> <br /> V/S<br /> Champakadamaswamy,<br /> Executive Engineer,<br /> K.E.B. Employees Co-operative<br /> Society Ltd., Anandarao Circle,<br /> Race Course Road,<br /> Bangalore-560 009. Opposite Party <br /> <br /> ORDER<br /> <br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986 for the relief that opposite party may be directed to allot a site in favour of complainant and alternatively opposite party be directed to refund of Rs. 64,000/- with interest and compensation of Rs.1,00,000/-.<br /> The facts of the case are that, the opposite party is a co-operative society registered under the Karnataka Societies Registration Act. Complainant has become member of the society on 16th October-1990. He had applied for allotment of site of the measurement 40 X 60 feet. He had deposited entire site amount of Rs.64,000/-. The complainant has given the particulars of the deposits made in para-6 of his complaint. Complainant is member of society since 17 years but till today opposite party did not allot the site though he had deposited entire site amount. He has approached the opposite party and requested for allotment of site, but opposite party did not take any action. Complainant had issued legal notice. Even after service of notice opposite party did not take any action. Therefore, the complainant approached the Forum for the relief stated above. <br /> 2. Notice was issued to opposite party. The opposite party put in appearance through advocate and filed defence version stating that, the complainant has no locus-standi to initiate the present proceedings. The allegations of deficiency in service are wholly misconceived. The opposite party admitted that complainant is member of the society and it is also admitted by the opposite party that the complainant in all paid Rs.64,000/-. Opposite party demanded to pay balance amount of Rs.7,79,000/- for allotment of site. Complainant has not paid the amount as per the demand. Question of allotting site to the complainant does not arise for a sum of Rs.64,000/- paid by the complainant. Hence, the opposite party requested to dismiss the complaint. <br /> 3. Affidavit evidence of complainant filed. Sufficient opportunity given to the opposite party for filing affidavit evidence, but the opposite party has failed to file affidavit evidence. Arguments heard. <br /> 4. The points for consideration are:-<br /> 1. Whether there was deficiency in service on <br /> the part of opposite party? <br /> <br /> 2. Whether the complainant is entitled for allotment of site or alternatively for refund of Rs. 64,000/- with interest and compensation?<br /> <br /> REASONS<br /> 5. The complainant is a retired employee of K.E.B and a senior citizen. He is the member of the opposite party society. He had deposited in all Rs.64,000/- right from 1991 to 1997 for getting allotment of site measuring 40 X 60 feet. But the opposite party society has failed to allot the site. Complainant got issued legal notice demanding allotment of site. As regards the case of the complainant that he was member of the opposite party society there is no dispute. It is also not disputed that the complainant has deposited Rs. 64,000/- for the site. The opposite party society demanded amount of Rs. 7,79,000/-. Since the complainant has not deposited the additional amount and therefore it is the case of the opposite party that the site could not be allot the complainant. Since the payment made by the complainant is admitted. The opposite party society had received the amount and enjoyed its benefit. It is the duty and obligation of opposite party society either to allot the site or to refund the amount with interest and compensation. It is common knowledge that the value of site in and around Bangalore have anomaly increased. It is very difficult for a common man to get the site at reasonable price. Therefore, in view of the escalation in prices of plots, it is the duty and obligation of the opposite party society to pay compensation to the complainant for the escalation of the prices. The complainant has alternatively demanded refund of amount paid by him along with interest and compensation of Rs. 1,00,000/-. The prayer of the complainant is quite just and reasonable. The complainant is definitely entitled to refund of amount paid by him along with interest and also compensation. The Hon’ble National Consumer Disputes Redressal Commission in R.P.No.347/2006 by order dated 22nd November-2007 has awarded interest at 18% p.a on the deposited amount from the date of respective deposits till payment. Therefore, in this case also, it would be just, fair and proper to award interest at 18% p.a from the date of respective deposits made by the complainant till payment. It is also fair, just and proper to award compensation of Rs.50,000/- to the complainant apart from refund and interest in view of the escalation of prices of plots. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.64,000/- along with interest at 18% p.a on the deposited amount from the date of respective deposits till payment. The opposite party society is also directed to pay compensation of Rs.50,000/- to the complainant. The opposite party society shall comply the order within 30 days from the date of communication of this order. In case the opposite party society fails to comply the order within 30 days in that case, the compensation amount also carries interest at 10% p.a from the date of this order till payment. The complainant is also entitled to Rs.5,000/- towards costs of the present proceedings. <br /> <br /> 7. The copy of this Order as per the statutory requirements be forwarded to the parties free of charge immediately.<br /> <br /> 8. Pronounced in the Open Forum on this 28TH DAY OF APRIL 2008.<br /> Order accordingly <br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER <br /> <br /> <br />