Sri M.C.DEVAKUMAR,

      Member

1.       The Complainant Sri Sreekanth.R has filed the complaint Under Section 12 of the consumer Protection Act, 1986 against the opposite party house building co operative society, Limited, alleging deficiency in service and unfair trade practice and seeking a direction to handover all the relevant documents with respect to site No.70(As per the letter of allotment) and to execute a sale deed in respect of site no.70, Block,-06 measuring 30 x 50ft situated at Meghalapura Village, Kasaba Hobli, Mysore Taluk, as per letter of allotment dated 28.04.2019 and to pay compensation of Rs. 4,00,000/-  for causing inordinate delay, tension, mental agony and cost of proceedings of Rs.15,000/- with such other reliefs.

2.       The complainant Sri.Sreekanth.R is the member of opposite party society, bearing membership No.561, had applied for allotment of a site measuring 30 x 40ft (9x12 mtrs) and paid a total sum of Rs.4,21,250/-to the society, starting from 24.010.2011 to 25.06.2014. Based on the seniority, the opposite party society have allotted a site bearing no.70 in block no.6 measuring 30 x 50 ft, situated at the layout developed at Megalapura Village, Kasaba Hobli, Mysore Taluk, vide site allotment letter dated 28.04.2019. Despite the same, the opposite party society have not completed the other legal formalities by execution of registered sale deed and handing over the possession of the site, in favour of the complainant.

3.     The complainant was ready and willing to get the sale deed registered, had approached the opposite party society, repeatedly and demanded for the same apart from written representations/requests. But the opposite party society did not oblige, but demanded for additional consideration illegally. Noticing allotment of sites and execution of sale deed to other members in the same layout/ block, overlooking the complainant seniority, alleged as deficiency in service and unfair trade practice, hence the aggrieved complainant filed the complaint seeking reliefs.

4.  The opposite party appeared through their counsel and without filing its version has filed a memo along with two documents.

5.  The complainant filed his affidavit by way of examination in chief same was taken as  Pw1 and got marked as exhibits P1 to P6. The complainant counsel filing written arguments address oral arguments. By perusing the material  availed on record, matter is posted for orders

6. The points that would arise for our consideration are as under:

1. Whether the complainant proves the deficiency in service and unfair trade practice by opposite party society and thereby he is entitled for the reliefs?

2. What order?

7. 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 ::

8. Point No.1:- The complainant counsel argued that a sum of Rs.4.21,250/-(Exhibits P2- 4 receipts) has been paid to opposite party society towards allotment of a site measuring 30x40 feet. In response the opposite party society have allotted a site bearing no 70 measuring 30x 50feet  situated at the Megalapura village , Kasaba  Hobli,  Mysuru Taluk, vide its allotment letter dated 28.04.2019 (Ex.P3)  However, for the reasons best know to the opposite party the registered sale deed was not executed in favour of the complainant, despite repeated request and demands made by him. Later on, the opposite party have allotted a site bearing no 64 measuring 30x 40 feet in block no.7 situated  at Magalapura Yelawal Hobli, Mysuru Taluk, vide its site allotment letter dated 08.08.2020 at the request of the complainant, with a condition to allot the aforesaid site and to execute the registered sale deed to withdraw the present complaint. Even then the opposite party society have not executed the registered sale deed in favour the complainant till this date. As such sought for compensation and other reliefs.

9.      Based on the material evidence available on record, it is true that the complainant has paid a sum of Rs. 4,21,250/- to opposite party society  for allotment of the a site measuring 30 x50 feet and the society allotted a site bearing no 70 measuring 30 x50 feet situated at the Magalapura Village, Kasaba Hobli, Mysuru Taluk, on 28.04.2019. since the said site was allotted to other member by oversight the opposite party society have intimated the complainant and upon his consent agreed to a lot a site measuring 30 x 40 feet situated in the same location and have come forward to allotted a site bearing no 64  and  allotted the site vide its site allotment letter dated 08.08.2020. However it is noticed that the opposite party society have failed to come forward to execute the registered sale deed in favour of the complainant till this date. Hence this commission consider that, there is deficiency in service and unfair trade practice by the opposite party society and hence they are liable to execute the registered sale deed and to handover all necessary documents in favour of the complainant. Accordingly, the point no.1 is answered partly in the affirmative.

10. Point No.2:- In view of the above observations, on point no.1 the complaint filed by Sri.Sreekanth.R deserved to be allowed in part. Hence we proceed to pass the following:

:: ORDER ::

1. The complaint is allowed in part.
2. The opposite party society is hereby directed to execute the registered sale deed in respect of site bearing no.64 measuring  30 x 40 feet situated in block no.7 of Megalapur Village, Yelawal Hobli, Mysuru Taluk, in favour of the complainant within 60 days from this order
3. The opposite party society is hereby directed to pay litigation expenses of Rs.2,000/-to the complainant.
4. Furnish the copy of order to both parties at free of cost.