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 42/06 DATED 27-09-2006<br /> <br /> Complainant K.S.Prakash, C/o L.Nagasundar No.684, I A Cross Road, Jeevan Bima Nagara, Sriramapura II Stage, Mysore-570 023.<br /> (By Nandisha.K.S. Advocate)<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 : 27-02-2006<br /> Date of appearance of O.P. : 22-03-2006<br /> Date of order : 27-09-2006<br /> Duration of Proceeding : 5 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. In 1991, the complainant applied to the opposite party for allotment of a site measuring 30’ x 40’. He gave his address for communication as D.No.67/13A, V Cross, Thyagaraja Road, Mysore. In 1994 he changed his residence to No.684, I A Cross, Jeeva Vima Nagar, Srirampura II Stage, Mysore. He informed the change in address to the opposite party through a letter and obtained an acknowledgement dated 29.8.1994. <br /> <br /> 2. The complainant says that he had approached the opposite party several times to know the fate of his application. At one such visit he was informed that on 14.7.2003 he had been allotted site No.1002 at Devanur Extension. But he had not received the allotment letter. The complainant has alleged that the opposite party had deliberately sent the allotment letter to his old address. Anyway, he met the opposite party and explained everything to him. He was assured that the allotment letter would be issued to him. But no such letter came to him. A representation to the opposite party given by the complainant in this regard on 9.1.2006 was of no use. <br /> <br /> 3. Alleging deficiency in service, the complainant has prayed that the opposite party be directed to allot him site No.1002 at Devanur Extension and also award him compensation of Rs.1,50,000/-. He, also, wants cost of Rs.45,000/-.<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 him 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 he has intimated the change in his 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 /> Point 5(a): In the affirmative<br /> Point 5(b): In the affirmative<br /> Point 5(c): As per final Order<br /> <br /> REASONS<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 29.8.1994 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 he had indeed intimated the change in his address, the complainant filed an application demanding production of the inward register. But, the opposite party submitted that the register is not traceable. We have no other go but to draw an adverse inference against such non production. It must, also, be noted that thee is no defence that the acknowledgement has not been issued from his office. 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 his 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 1002, Devanur III Stage to the complainant as per the terms of allotment letter dated 14.7.2003. 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 /> <br /> C. If the opposite party fails to put the complainant in possession of site No.1002, Devanur III Stage or fails to allot an alternative site as aforesaid, within the period specified, then he shall pay the complainant compensation of Rs.4 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 files 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 />