Karnataka

Kolar

CC/46/2018

K.S.Radhamma - Complainant(s)

Versus

Commissioner, Karnataka Housing Board - Opp.Party(s)

K.Narendra Babu

13 Nov 2018

ORDER

Date of Filing: 28/05/2018

Date of Order: 13/11/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 13^th DAY OF NOVEMBER 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 46 OF 2018

Smt. K.S. Radhamma,

W/o. Late Chowdappa,

C/o. Rajesh Nilaya,

4^th Main Road, Prashanthi Nagara,

Ward-31, (Sarige Nagara),

Chikkaballapura Road,

Kolar-563 101.                                                  

(Rep. by Sri. K. Narendra Babu, Advocate)                        ….  COMPLAINANT.

 

- V/s –

1) The Commissioner,

Karnataka Housing Board,

Cauvery Bhavana, Bangalore-9.

(Rep. by Sri. Samarangappa, Advocate)

 

2) The Assistant Executive Engineer,

Karnataka Housing Board,

Kolar.

(Rep. by Sri. Samarangappa, Advocate)                    …. OPPOSITE PARTIES.

 

-: ORDER:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant has filed this complaint against the opposite parties and prays to refund of registration fee and advance amount, in all claiming Rs.20,00,000/-.

 

02.   The brief facts of the complainant’s case is that, the complainant has filed application before the Office of the Karnataka Housing Board, Kolar, for allotment of 30 x 40 site at Kolar and taken DD of Rs.550/- towards registration fee and Rs.10,000/- towards advance amount in the name of Commissioner, Karnataka Housing Board, Bangalore, and to that effect given endorsement dated: 27.07.2016.  The complainant given the said application within the prescribed date and his application not rejected.  The Ops not allotted any site till today.  The Ops have also not made any correspondence with the complainant.  The Ops not rejected the allotment nor refunded the application.  On 05.04.2018 the complainant has received cheque of Rs.10,000/- through post after lapse of 12 years.  The Ops have given only the advance amount and they have not given the registration fee and committed deficiency in service.  On 07.04.2018 the complainant issued legal notice against Ops and the Ops in spite of receipt of the said notice they have not replied and neglected and complainant has filed this complaint for the above said relief. 

 

03.   Along with the complaint the complainant has submitted following 07 documents:-

(i)       Xerox copies of the notices issued to OP Nos.1 & 2 by with complainant along with postal receipts and acknowledgements.

(ii)      Xerox copy of the Letter dated: 12.03.2018 issued by the complainant to Commissioner.

(iii)    Xerox copy of the Receipt for payment of registration fee.

(iv)     Xerox copy of Pass-sheet

(v)      Xerox copy of the application form

(vi)     Xerox copy of the DD and its acknowledgment

(vii)    Xerox copy of the cheque along with envelop cover.

 

04.   OP Nos.1 & 2 appeared through their counsel.  OP NO.2 filed objection and admitted about the facts of the case as contended by the complainant.  And so also admitted that, they have not allotted any site and they have not rejected the application filed by the complainant.  The OP has contended that, they have not formed any residential layouts and not allotted the sites.  The Ops have not formed any residential project.  They also admitted about the sending of cheque of Rs.10,000/- on 05.04.2018.  The Op denied that, they have not replied the notice.  The Ops further contended that, after giving advertisement in the newspaper, no any new residential project has been formed and hence no allotment of sites to any one and the board has refunded the deposited amount.  The OP has specifically contended that, the owners of the proprieties have opposed the acquisition and filed complaints against the commissioner, KHB, Bangalore, and they also filed petition before the Hon’ble High Court of Karnataka, before the Apex Court, New Delhi and other authorities.  Several suites are also pending.  In O.S. No.127/2017, on the file of 1^st additional Senior Judge, Kolar, is also pending.  The owners were not successful in their proceedings to cancel the acquisition and due to the litigation of acquisition of land, the board has not under taken to form any new project.  The claim of the complainant is not tenable and is liable to be rejected.  

 

05.   The complainant and OP No.2 have filed their affidavit evidence by way of examination-in-chief.  The Ops filed Memo with copies of documents:-

(i) Letter dt. 30.06.2018 in respect of the case.

(ii) Karnataka Housing board Act extract

(iii) Two copies of papers printed news paper.

(iv) Copy of CC No.7 to 12/2017 in respect of the cases support in favour of the Ops.

 

06.   Heard arguments on both sides.

 

07.   Now the points that do arise for our consideration are that:-

POINT NO.1:- Whether the complainant has proved deficiency in service on the part of Ops?

POINT NO.2:-   Whether the complainant is entitled for the relief as prayed in her complaint?

 

POINT NO.3:-   What order?

08.   Our findings on the above points are that:-

POINT NO.1 & 2:-    Are in the Negative  

POINT NO.3:-   As per the final order

                                        for the following:-

 

REASONS

09.   POINT NOS.1 & 2:-  These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, version filed by OP No.2, affidavit evidence of complainant and the Ops and the documents produced by them, the counsel for the complainant has also filed written arguments and we have perused the same.  The counsel for the complainant addressed arguments to allow the complaint as prayed.  The counsel for the Ops addressed arguments and prays to dismiss the complaint.

 

10.   It is an undisputed fact that, the complainant has submitted application before the Project Officer, Karnataka Housing Board, Kolar, for allotment of 30 x 40 feet site at Kolar and he has also taken DD of Rs.550/- towards registration fee and Rs.10,000/- towards advance amount in the name of the Commissioner, Karnataka Housing Board, Bangalore.  The complainant has produced the documents to that effect i.e., Xerox copy of the acknowledgment for giving application along with registration fee and advance amount dated: 26.07.2006, Xerox copy of application form dated: 26.07.2006, Xerox copy of pass-sheet dated: 10.08.2006, Xerox copy of endorsement dated: 27.07.2006, Xerox copy of the account payee cheque for Rs.10,000/- in the name of the complainant Smt. K.S.Radhamma dated: 27.02.2018 and there is no dispute with respect to the above said documents.  The only question is that, whether the complainant is entitled for the relief as prayed by her.

11.   In this regard it is relevant to peruse the Xerox copy of the application form dated: 26.07.2006 i.e., instruction/rules No.11, it clearly disclose that, there is no refund of registration fee and only advance amount is to be refundable without any interest.  Hence the question of refund of registration fee of Rs.550/- does not arise and the said contention of the complainant is goes in vain.

 

12.   As per the contention of the complainant herself that on 05.04.2018 she has received cheque for Rs.10,000/-.  Such being so, the said contention of refund of advance amount of Rs.10,000/- is also not sustainable and it also goes in vain.  Such being so, there is no deficiency in service on the part of the Ops and the complainant is not entitled for any relief as claimed by her.  The complainant has filed this complaint only to harass the Ops.

 

13.   Now it is relevant to state here that, the Ops have taken up the contention that, the owners of the proprieties opposed the acquisition and filed complaints against the commissioner, KHB, Bangalore, and they also filed petition before the Hon’ble High Court of Karnataka, before the Apex Court, New Delhi and other authorities.  Several suites are also pending.  In O.S. No.127/2017, on the file of 1^st additional Senior Judge, Kolar, is also pending.  The owners were not successful to cancel the acquisition and due to the litigation of acquisition of land, the board has not under taken to form any new project, hence the Ops have returned the advance amount of Rs.10,000/- to the complainant through account payee cheque dated: 27.02.2018. 

 

14.   Further it is relevant to state here that, on perusal of the letter of the complainant addressed to the Commissioner, Karnataka Housing board, Cauvery Bhavan, Bangalore, dated: 12.03.2018 wherein she has requested for allotment of site at Kolar and so saying, she has returned the cheque of Rs.10,000/-.  But on the other hand the Ops have produced letter dated: 25.10.2018 before this Forum stating that, they have not at all received the said letter of the complainant and the cheque, neither before the Commissioner Office nor before the office of OP No.2, hence and the said letter of the complainant has no sanctity in the eye of law as the complainant has also not at all produced any document to show that, the said letter has been served to the Ops.  The complainant in spite of giving the said letter, why she asked for the relief of refund of the said advance amount ?  The said fact clearly further goes to show that, the complainant has not come before this Forum with clean hands and the said complaint filed by the complainant has no merit on it and it is to be dismissed in lamina. 

 

15.   Hence under these circumstances as discussed above the complainant has failed to prove the deficiency of service on the part of the Ops and accordingly we answer point Nos.1 & 2 are in the Negative.

 

POINT (3):-

16.   In view of the above discussions on Point (1) & (2) we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is dismissed.  No order as to costs.

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 13^th DAY OF NOVEMBER 2018)

 

 

 

LADY MEMBER                                PRESIDENT