Karnataka

Kolar

CC/1/2015

Sri.Suresh - Complainant(s)

Versus

Earth Movers Employees House Building Co-Op Society Ltd., - Opp.Party(s)

12 Jan 2016

ORDER

 

Date of Filing: 17/01/2015

Date of Order: 12/01/2016

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

 

Dated: 12^th DAY OF JANUARY 2016

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

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

CONSUMER COMPLAINT NO :: 01 OF 2015

Sri. Suresh,

S/o. Shivappa,

Major, R/at: No.85, 7^th Main,

4^th Cross, Dasarahosally Extension,

Kuvempu Nagar, D.K. Hally Post,

Bangarpet, Kolar District.

 

(Rep. by Sriyuth.D.M. Krishna, Advocate)              ….  Complainant.

 

- V/s -

Earth Movers’ Employees

House Building Co-operative

Society Limited,

Old Tiles Factory Extension,

Railway Station Road,

Kolar District, By its Secretary.

 

(Rep. by Sriyuth. A.Lakshminarayan, Advocate)    …. Opposite Party.

-: ORDER:-

BY SMT. A.C. LALITHA, LADY MEMBER

01.   The complainant having submitted the complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred in short as “the Act”) has sought, relief against the OP for refund of Rs.1,00,000/- with interest at the rate of 18% per annum from the date of deposit till realization together with costs and compensation.

 

02.   The facts in brief:-

It is contention of the complainant that, he being the member of the OP society on 21.11.2011 deposited sum of Rs.1,00,000/- vide receipt No.2728 with OP as opted for site measuring “30 x 40” at proposed 3^rd stage layout and OP has not issued Provisional allotment letter.

 

(a)    Further it is contended that, he made several attempts by approaching the OP which was of no use.  And that even in this regard on 26.12.2014 issued legal notice to the OP.  Thus the complainant has come up with the complaint on hand to seek above set-out relief.

 

(b)    Along with the complaint the complainant has submitted two Xerox copies of below mentioned documents:-

(i) Receipt No.2728, Dated: 21.11.2011

(ii) Legal Notice Dated: 26.12.2014.

 

03.   In response to the notice issued with regard to the case on hand, OP representing through its president has put in appearance through the said learned counsel and submitted objections to the complaint.  However it is admitted with regard to payment of Rs.1,00,000/- towards advance as opted for site at 3^rd stage layout and denied rest of the allegations of complaint.

 

(a)    It is contended that, OP society has purchased land for development of 3^rd Stage layout as proposed.  And that the work is in progress, hence after completion of layout formation the site would be allotted to the complainant.  Thus it is contended that there could be no deficiency in service.  So contending, dismissal of the complaint with costs has been sought.

 

04.   The complainant has submitted his affidavit evidence on 06.05.2015 and on this day with memo on behalf of the complainant following original documents have been submitted:-

(i) Receipt No.2728, Dated: 21.11.2011

(ii) Legal Notice Dated: 26.12.2014

(iii) Postal receipt.

 

05.   On behalf of the OP, president of OP society has submitted his affidavit evidence on 27.05.2015 and no documents submitted by OP.

 

06.   On 08.06.2015 the learned counsel appearing for the complainant has submitted written arguments.  On 27.05.2015 the learned counsel appearing for the OP has submitted written arguments.

 

07.   Heard oral arguments of the learned counsel appearing for both sides.

 

08.   Therefore the points that do arise for our consideration in this case are:-

1. Whether the inaction on the part of the OP would amount to deficiency in their service?

2.  If so, to what relief the complainant is entitled to?

 

3.  What order?

09.   Findings of the District Forum on the above stated points for the following reasons are:-

 

POINT 1:     In the Affirmative.

 

POINT 2:     The complainant is held entitled to refund of Rs.1,00,000/- plus Rs.10,000/- by way of compensation together with interest @ 9% per annum from 21.11.2011 till realization for being recovered from the Op.

 

POINT 3:     As per final order for the following:-

 

REASONS

POINTS 1 & 2:-

10.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a)    The fact that, the complainant has paid in sum of Rs.1,00,000/- to the OP society towards price of the site measuring 30 x 40 in the proposed 3^rd stage layout is not in dispute.  So also OP has contended that, since the layout formation procedure is under progress, the OP is ready and willing to allot the site.

 

(b)    Since 21.11.2011 date of receipt of amount almost 4 years lapsed, till today OP society has been simply giving oral assurance to the complainant that, the layout work is in progress.  But OP society has not produced any documents pertaining to purchase of land and attempt for approval of land for layout formation as contended.  It reveals that, OP society has not made any attempts to develop the said proposed layout.  Hence there is deficiency in service on the part of the OP society.

 

(c)    From the version and evidence of the OP it becomes clear that no layout has been formed yet as proposed, if so, the question of allotting site in the said layout does not arise.

 

(d)    Without there being any material to show the progress of the proposed layout it would be difficult to up-hold the contention of Op society.  Hence by taking-up false contention that, the 3^rd stage layout formation work is under progress, the OP has shown itself as grossly deficient in service.

 

(e)    As the said sum of Rs.1,00,000/- has remained with the OP as on this day, hence we are of the opinion that, the complainant is entitled to get refund of the same, and plus Rs.10,000/- by way of compensation together with interest @ 9% per annum from 21.11.2011 being the date of deposit till realization for being recovered from OP.

 

POINT 3:-

11.   We proceed to pass the following:-

ORDER

01.   For foregoing reasons this complaint stands allowed with costs of Rs.2,000/- as hereunder:-

 

(a)    The complainant is held entitled to refund of Rs.1,00,000/- plus sum of Rs.10,000/- by way of compensation together with interest @ 9% per annum from 21.11.2011 till realization for being recovered from OP.

 

(b)    OP to comply this order within 30 days from the date of communication of it.

 

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 12^th DAY OF JANUARY 2016)

 

 

 

 

 

MEMBER                         MEMBER                    PRESIDENT