ORDER

(Passed on 19 /09/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

The complainant has filed this complaint U/s 12 of the Consumer Protection

Act,1986 for non execution of sale deed by the OP and praying for            execution of sale deed or in the alternative,  to pay its cost as per market rate prevailing as on 8/6/2016 alongwith 9% interest and further claiming compensation of Rs.50,000/- towards mental torture and further Rs.10,000/-towards cost of proceeding.

2.       Brief facts giving rise to this petition are that the complainant agreed to purchase plot bearing No.67  admeasuring 150 sq.mt. from the OP in his layout at Mouza Padoli, Survey No.21/2, Tah.& Distt.Chandrapur. The complainant was allotted the plot by lottery system. Accordingly, the complainant paid Rs.4311/- as earnest money by receipt No.6 dated 11/6/2000. The OP society handed over possession of the plot in favour of complainant on 21/2/2000. However, despite of several requests by the complainant, the OP refused to execute sale deed of the plot in his favour. Hence the complainant issued notice to the OP on 20/4/2016 but the OP, in its notice reply dated 8/6/2016, intimated the complainant that his membership has been terminated due to non payment of monthly subscription fees, membership fees and development and other necessary charges, as per bye laws of the society. Despite of service of notice the OP failed to execute sale deed from 21/2/2000 till filing of the complaint. This act on the part of OP amounts to deficiency in service. Hence, the complainant has filed this complaint.

3.       The complaint is admitted and notices were served on the OP. The OP filed its reply and thereby denied allegations against them and submitted that the OP society is a registered cooperative society under Cooperative Societies Act,1960 having registration No.310 having its own bye laws.  The complainant failed to pay OP societie’s monthly subscription fees, membership fees and development and other necessary charges, as per bye laws of the society. The complainant did not turn up for execution of sale deed of the plot since year 2000 and he also failed to deposit outstanding amount of plot and other incidental charges even after several reminders were served on him.  Hence his membership has been terminated due to non payment of these charges as per Rule 56(6) of Bye Laws of the society. Hence the complainant is no more a member of the OP society and as such, is having no right as against the OP society. The complainant is not entitled to any plot, compensation and cost. The complainant has no locus standi to file the present petition. The complaint has been filed way beyond the period of limitation and is hopelessly barred by limitation. Therefore the petition deserves to be dismissed with cost.

4.      We have gone through the complaint, written versions filed by OP , documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1. Whether the complainant is a Consumer ?                                     Yes

2.  Whether  there is deficiency in service on the

       part of OP ?                                                                                No

3.  What order ?                                                                  As per final order..

As to issue No.1

     The complainant paid Rs.4311/- vide receipt No.6, dated 11/6/2000 to the OP towards plot. Hence the complainant availed the

Service on payment. Therefore, the complainant has consumable interest and he is Consumer within the meaning of Sec.2(1)(d) of the Consumer Protection Act,1986. Hence the issue has been decided accordingly.

As to issue No. 2

5.      The complainant has not filed any written agreement with OP in respect of sale of plot on record. The complainant has never applied for membership of the OP society as per bye laws of the society. The complainant, after a period of more than 16 years, issued legal notice to the OP for execution of sale deed beyond the period of limitation to execute the sale deed. The issuance of notice cant extend the period of limitation to agitate the claim. There is no evidence to show that the complainant has paid the balance amount of plot. Therefore, denial membership and allotment of plot by OP does not amount to deficiency of service on the part of OP. Therefore the petition deserves to be dismissed.

As to issue No. 3

In view of our findings to point Nos.1 2 above, we pass the following order..

Final order

1. The Complaint is dismissed without cost.

2. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President