Karnataka

Kolar

CC/14/2016

K.V.Prasannakumar - Complainant(s)

Versus

Housing Commissioner - Opp.Party(s)

Inperson

01 Jul 2016

ORDER

Date of Filing: 02/04/2016

Date of Order: 01/07/2016

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

 

Dated: 01^ST DAY OF JULY 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 :: 14 OF 2016

Sri. K.V. Prasana Kumar,

S/o. R.Venkatesh,

No.498, Old Tiles Factory,

Compound, Near Railway

Station, Kolar.563 101.

 

(In.person)                                                       ….  Complainant.

 

 V/s

(1) The Housing Commissioner,

Karnataka Housing Board,

Kaveri Bhavan, Near Mysore Bank Circle,

Bangalore.560 009.

(Since placed Exparte)

 

(2) The Assistant Executive Engineer,

District Planning Board, Harohalli,

Kolar.563 101.

(In.person)                                              …. Opposite Parties.

: ORDER:

BY SRI. R. CHOWDAPPA, MEMBER

01.   The complainant has submitted this complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short it is referred as “the Act”) against Ops seeking issuance of directions to the OPs to pay compensation of Rs.2,00,000/. along with interest @ 18% per annum from the date of deposit till date, i.e., in a total sum of Rs.19,72,939/. from the Ops.

 

02.   The facts in brief:

(a)    The complainant received letter dated: 01.08.2014 from  OP.1 regarding allotment of house to the complainant bearing No.MIG.96 in Vittalapura Village, Mulbagal Taluk, by fixing total house value at Rs.19,72,939/. which includes application fee and initial deposit of Rs.59,000/. and demanded to pay Rs.19,13,939/..   On 03.12.2014 he made payment of Rs.19,13,939/. through D.D. bearing No.809211 to OP.1 through OP.2.  And that even after lapse of 01 year 06 months the Ops kept silent and that on 22.06.2015 he wrote to Ops requesting to register the said house and to give possession of the same, but the Ops have failed to comply.

 

(b) So contending, the complainant has filed this complaint seeking the above set out reliefs.

 

(c)    Along with the complaint the complainant has submitted following 05 documents:.

(i) House Allotment letter issued by OP.1

(ii) Letter regarding payment made by the complainant

(iii) Xerox of DD of Rs.59,000/. towards initial deposit

(iv) Xerox of DD of Rs.19,13,939/. regarding last payment.

(v) Xerox of Bank Challan

 

03.   After registration of the case and in response to the notice as the OP.1 failed to appear he came to be placed exparte.  However OP.2 appeared in.person and on 05.05.2016 the FDA attached to the office of the OP.2 submitted letter with draft sale deed.  Both complainant and the OP.2 remained absent, hence there could be no written version of the OP.2.  This Forum suo.moto granted time to the complainant by posting the case on 17.06.2016 to hear oral arguments.  As the complainant and OP.2 continued to remain absent, it was taken that the parties have no oral arguments. 

 

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

1. Whether these OPs are guilty of deficiency in service?

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

3.  What order?       

 

05.   Findings of this 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 the interest @ 9% pa over a sum of Rs.19,13,939/. from 03.12.2014 till realization from the OP Nos.1 & 2 jointly and severally.  The complainant is also entitled for compensation of Rs.30,000/. with interest @ 9% per annum from 02.04.2016 being the date of the complaint till realization from the Ops 1 & 2 jointly and severally.

 

POINT 3:    As per the final order

                    for the following:.

 

REASONS

POINT Nos.1 to 3:

06.   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)    It is a fact that the said initial deposit of Rs.19,13,939/. and registration fees and other expenses were paid by the complainant to the Ops on 03.12.2014 for allotment of house under MIG house.  But the Ops have not allotted MIG house and registered it in his name.  The complainant has raised loan at Syndicate Bank, Kolar, and paid the same to the Ops.

 

(b)    No doubt on 05.05.2016 the FDA of Office of the OP.2 submitted letter dated: 30.03.2016 addressed to the complainant with draft sale deed.  Even then it is not enough.  The OP.2 ought to have submitted before this Forum about the compliance.  It has not been done.

       

(c)    On perusal of documents it is clear that, in spite of several requests of complainant, the OP Nos.1 & 2 remained silent.  It clearly shows that, the Ops 1 & 2 were deficient in service.  Hence we are of the opinion that the complainant is entitled to interest @ 9% pa on Rs.19,13,939.00 together with compensation of Rs.30,000/. and further together with interest @ 9% pa over this sum from 02.04.2016 being the date of complaint till realization for being recovered from the Ops 1 & 2 jointly and severally.

 

POINT 4:

07.   We proceed to pass the following:.

 

ORDER

(01)  For foregoing reasons the complaint stands allowed with costs of Rs.2,500/. as against OP Nos.1 & 2 jointly and severally as hereunder:.

 

(a)    The OP shall refund the said sum of Rs.19,13,939.00 with interest at the rate of 9% per annum from 03.12.2014 till realization together with compensation of Rs.30,000/. to the complainant with interest @ 9% per annum over the said sums from 02.04.2016 being the date of complaint till realization for being recovered from the Op Nos. 1 & 2 jointly and severally

 

(b)    We give time of 60 days to the OPs to comply this order from the date of communication of the same.

 

(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 01^st DAY OF JULY 2016)

 

 

 

MEMBER                           MEMBER                   PRESIDENT