IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.M.G.Hiremath<br /> B.Sc., L.L.B (Spl.)- President<br /> <br /> 2. Smt.M.Mahadevi<br /> M.Sc., M.Ed., -Member<br /> <br /> 3. G.V.Balasubramanya<br /> B.E., LL.M - Member<br /> <br /> CC 15/06 DATED 27-09-2006<br /> <br /> Complainant Smt.B.N.Asha, No.331, Krishna Krupa, Behind somani B.Ed., College, Kuvempunagar, Mysore-570 023.<br /> (INPERSON)<br /> <br /> Vs. <br /> <br /> Opposite Party Commissioner, Mysore Urban Development Authority, J.L.B. Road, Mysore-570 005.<br /> (By M.R.S.K Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 25-01-2006<br /> Date of appearance of O.P. : 22-02-2006<br /> Date of order : 27-09-2006<br /> Duration of Proceeding : 6 ¾ MONTHS<br /> <br /> <br /> PRESIDENT<br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> Sri.G.V.Balasubramanya,<br /> Member<br /> <br /> 1. With an intention to own a site in Mysore the complainant registered with the opposite party in 1989 and she was given a registration number. In 1991 the complainant was asked to submit her application for allotment of a site measuring 40’ x 60’ being distributed under a scheme named ‘Ashamandira’. In her application the complainant had given her address as 27, 12th Cross, 6th Main, V.V.Mohalla, Mysore. In 1997 she changed her residence and informed the consequent change in address to the opposite party through a letter dated 27.6.1997. <br /> <br /> 2. In 2004 the opposite party invited applications for allotment of sites in Vasanthnagar layout. Complainant thought of making an application and before doing so she wanted to find out the fate of her earlier application. Hence, she enquired in the office of the opposite party and was told that she had been allotted site number 764 in Sathagalli II Stage but the same was cancelled due to non payment of the balance of the price of the site. A representation to the opposite party given by the complainant in this regard on 4.1.2005 was of no use. Nevertheless, she applied for a site in Vasanthnagar layout. But, in July, 2005 she was informed that she had not been allotted any site in the said layout. <br /> <br /> 3. The complainant has pointed out that firstly the opposite party erred in sending the allotment letter of the site allotted to her in Sathagalli layout to her old address. Secondly, though the opposite party took cognizance of the registration number given to her in 1989, her seniority was overlooked while allotting sites in Vasanthnagar layout. Alleging deficiency in service on these counts the complainant has prayed that she may be put in possession of site No.764, Sathagalli II Stage and in case the said site is re-allotted, she may be given a similar site in Vasanthnagar layout at the same price. She has, also, claimed compensation of Rs.3 lakhs and cost of Rs.5000/-.<br /> <br /> 4. The defence of the opposite party is quite simple. He has denied receiving any intimation of change of address from the complainant and says that cancellation of site allotted to her has been made in accordance with the rules. <br /> <br /> 5. From the above contentions of the parties, the following points arise for our consideration:-<br /> <br /> a) Whether the complainant proves that she has intimated the change in her address to the opposite party?<br /> <br /> b) Whether the complainant further proves that the opposite party has rendered deficient service by canceling the allotment despite receiving such intimation of change in address?<br /> <br /> c) What Order or relief?<br /> <br /> 6. Our findings on the above points are as under:-<br /> <br /> Point 5(a): In the affirmative<br /> <br /> Point 5(b): In the affirmative<br /> <br /> Point 5(c): As per final Order<br /> <br /> REASONS<br /> <br /> <br /> 7. POINT 5(a):- The opposite party has produced the original office file pertaining to the complainant. The complainant has filed all the original documents which include an acknowledgement dated 27.6.1992 issued from the office of the opposite party for having received a letter from the complainant intimating the change of address. However, no such letter is found in the office file. In order to prove that she had indeed intimated the change in her address, the complainant filed an application demanding production of the inward register. But, the opposite party submitted that the register is not traceable. There is, also, no defence that the acknowledgement produced by the complainant is not issued from his office. We have no other go but to draw an adverse inference against such non production. Hence, we answer the point in the affirmative.<br /> <br /> 8. POINT 5(b)- From the office file it is seen that both the allotment letter and the cancellation letter sent to the complainant to her old address have returned as the addressee was not found. Both the allotment letter and the cancellation letter have been sent long after the complainant intimated the change in address. Not taking cognizance of the change in address, sending allotment letter to the old address and thereafter canceling the allotment for no fault of the complainant are acts of deficient service. Hence, we answer the point in the affirmative and proceed to pass the following order:<br /> <br /> ORDER<br /> <br /> A. Complaint is allowed.<br /> <br /> B. The opposite party is directed to allot site number 764, Sathagalli 2nd Stage to the complainant as per the terms of allotment letter dated 29.8.2000. If the said site has already been re-allotted, the opposite party shall allot another site of the same dimension for the same price in a similarly developed locality. The opposite party shall accept payment of the balance of the price of the site from the complainant and within 2 months from the date of such payment the opposite party shall place the complainant in possession of the site. Complainant has to pay the balance of the price of the site within 90 days from the date of this Order.<br /> C. If the opposite party fails to put the complainant in possession of site No.764, Sathagalli 2nd Stage or fails to allot an alternative site as aforesaid, within the period specified, then he shall pay the complainant compensation of Rs.8 lakhs. The compensation amount shall bear interest at the rate of 8% p.a thereafter until the date of payment.<br /> <br /> D. The opposite party shall pay the complainant cost of Rs.500/-. <br /> <br /> E. Return the original documents to the learned counsel for O.P.<br /> <br /> F. Give a copy of this order to both parties according to Rules. <br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open court on this the day 27th September 2006)<br /> <br /> <br /> <br /> (M.G.Hiremath)<br /> President<br /> <br /> <br /> (M.Mahadevi)<br /> Member<br /> <br /> <br /> (G.V.Balasubramanya)<br /> Member<br /> <br /> <br /> <br />