BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1468/2014

DATED ON THIS THE 21^st August 2015

      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.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, against the opposite party, seeking a direction to pay the interest and compensation for harassment, mental agony, inconvenience and other reliefs.  
2.     The complainant being a member of the opposite party society has paid `11,31,708/- towards allotment of sites on various dates.  The complainant alleged that he received on intimation on 22.03.2013, that his name has been deleted from the seniority list by the Registrar of the co-operative Societies, Bangalore for the reason “one site for one family” subsequently the opposite party has refunded `11,31,708/- through a cheque bearing No.085581 on 05.04.2013, without the payment of interest.  Hence, the complainant has demanded for the payment of interest and other damages alleging negligence and deficiency in service on the part of the opposite party.
3.     The opposite party has filed his version denying the allegations.  The opposite party admitted that the complainant is the member of the society, applied for a residential site.  It is submitted that the name of the complainant has been deleted from the seniority list, further he has refunded the entire amount on 05.04.2013.  The opposite party contended that the complainant has not revealed that Dr.Mamatha is his wife.  The opposite party admitted that he has received notices demanding the interest and damages.  Further the opposite party contended that the society is working as per the rules and regulations of the Co-operative department.  Hence, contended that there is no deficiency in service.  Further the opposite party contended that the complainant has not filed the complaint against the Secretary of the society.
4.     To prove the facts, the complainant has filed his affidavit and produced certain documents, on the other hand the opposite party has filed his affidavit.  Both parties filed their written arguments and perused the entire documents.
5.     The points that arise for our consideration are as follows:-

1. Whether the complainant has proved any negligence and deficiency in service on the part of the opposite party and that he is entitled for the reliefs  as sought?
2. What order?

6.    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 ::

7.    Point No.1:- The complainant, represented though his GPA holder, being a member of the opposite party society has applied for a site by depositing a total sum of `11,31,708/- on various dates i.e., starting from 21.10.2005 to 16.11.2012.  It is alleged that after the lapse of 8 years, he has been informed through a letter dated 22.03.2013, that his name has been deleted from the seniority list by the Registrar of Co-operative Societies under the rule of “One site for one family” and has refunded the entire deposited amount of `11,31,708/- on 05.04.2013.  The complainant alleged that no proper information has been provided by the opposite party while collecting the huge amount towards the site.  However, the complainant is now not demanding for the site but demanding interest and damages only, since the amount paid by him has been utilized by the opposite party, for the purpose of developmental activities.  It is further alleged that the opposite party was fully aware regarding the restrictions, even then he has collected the amount from both husband and wife.  It is alleged that the opposite party has intentionally collected the amount and utilized for the purpose of development of sites.  Thereby a huge loss and damage caused, hence prays for the interest and damages.
8.    The opposite party admitted the receipt of a sum of `11,31,708/- on various dates towards the allotment of sites.  The opposite party contended that as per the orders of the Registrar of Co-operative Societies, the name of the complainant has been deleted from the seniority list.  Accordingly, the amount deposited by the complainant has been refunded vide cheque bearing No.085581 on 05.04.2013.  The opposite party contended that the complainant has concealed the facts that Dr.Mamatha is his wife, further it is contended that the complainant has produced a false affidavit stating that neither himself nor any member of his family is a member of the opposite party society.  Hence, there is no negligence or deficiency in service on his part.
9.    The opposite party contended that, the complaint has not been filed against the Secretary of the Society, hence, the complaint is not maintainable.  The intimation letter dated 06.04.2013 issued by the opposite party is signed by both the Secretary and President of the society.  Further, many of the letters have been signed jointly by the Secretary and President.  Hence, it is concluded that the both President and Secretary are fully aware of the proceedings.  As such, the complaint is maintainable. 
10. The opposite party relayed upon the decision laid down in 1996 (1) CPJ 308 page 309 and 1994 (3) CPJ 129.  However, the said decisions are not applicable to the case on hand.  Accordingly, our finding on the above point No.1 partly in affirmative.
11.  Point No.2:- Considering the above discussion and conclusion arrived at, we pass the following order:-

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party is hereby directed to pay interest on the amounts deposited on various dates, at the rate of 18% p.a. from the date of payment till payment, within 3 months from the date of this order.
3. Further the opposite party is hereby directed to pay a sum of  `3,000/- towards mental agony and `2,000/- towards litigation expenses within 30 days from the date of this order.  In default, the opposite party shall pay interest at the rate of 10% p.a. on the said sum of `5,000/ to the complainant-.
4. In case of default to comply this order, the opposite party Nos.1 and 2 shall 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.