BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.118/2017

DATED ON THIS THE 4^th August 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                            B.E., LLB., PGDCLP,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite party to allot the plot No.138 as agreed or in the alternative to pay entire amount received with interest at 24% p.a.  from the date of payment till realization with damages of Rs.1,00,000/- and costs of the litigation.
2.     The brief facts alleged in the complaint are that the complainant is a lifer member of opposite party club and he has paid Rs.10,000/- registration for his membership on 05.04.2007.  The opposite party arranged meetings and discussion and explained the offer, benefits of investing in plat in Tumkur which was a part of the country club/country vacations venture coconut groove at 2^nd Phase, near Tumkur by showing the brochure and other necessary documents.  The complainant has agreed for the said scheme and deposited a sum of Rs.50,000/- on 27.10.2007.  The opposite party acknowledged the receipt of sum of Rs.50,000/- but, failed to allot the site as agreed nor refund the amount.  Hence, this complaint is filed.
3.     In spite of service of notice, opposite party absent, placed exparte. Then this matter is set down for complainant’s evidence. During evidence, the complainant has filed his affidavit evidence and relied on the documents.  Further evidence closed.  After hearing arguments, this matter is set down for orders.  
4.     The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency of service on the part of opposite party in not complying with the terms and conditions of the agreement, thereby the complainant is entitled for the reliefs?
2. To What order?

5.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

6.    Point No.1:- So far as payment of Rs.10,000/- towards membership fee and Rs.50,000/- towards the transaction is not in dispute since the complainant has placed receipts for having paid the said sum to the opposite party.  Even there is a letter dated 02.11.2007 by opposite party to the complainant for having received Rs.50,000/- to provide site measuring 30 x 40 ft. at Country club/country vacations venture, coconut groove, near Tumkur.  Subsequently also, there are letter correspondences by the opposite party on 14.11.2007 and on 16.11.2007.  Under these two documents also, even membership fee paid by the complainant was accepted and letter dated 16.11.2007 they requires time of 18 months for registration.  Even after such 18 months, the opposite party did not turn up to register the site nor refund the amount.  Thereby there is deficiency of service on the part of opposite party in not providing the site or in not refunding the amount paid with interest.  Thereby opposite party is liable to answer the claim in question and the complainant is entitled for the reliefs.  Hence, Point No.1 is answered partly in the affirmative.
7.  Point No.2:- In view of the findings recorded on point No.1, opposite party is liable to allot plot No.138 as agreed or in the alternative to refund amount of Rs.10,000/- +  Rs.50,000/- = Rs.60,000/- with interest at 20% p.a. from 27.10.2007 till payment.  Opposite party is liable to pay compensation of Rs.10,000/- and litigation expenses of Rs.2,000/- to the complainant.   Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to allot plot No.138 and to register the same and to give possession within 3 months from the date of this order OR in the alternative opposite party is directed to refund Rs.60,000/- with interest at 20% p.a. from 27.10.2007 till payment.
3.  Opposite party is also directed to pay compensation of Rs.10,000/- with litigation expenses of Rs.2,000/- to the complainant within 3 months from the date of this order.  Failing which, which, the said sum of Rs.12,000/- shall carry interest  at 12% p.a. from the date of this complaint i.e. 13.04.2017 till payment.
4. In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 4^th August 2017)