IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 152/09 DATED 11.06.2009<br /> <br /> ORDER<br /> <br /> Complainant Anjana Naagesh, W/o Nagesh, No.363, Adarsha, 2nd Main, 11th Cross, Gokulam III Stage, <br /> Mysore-2.<br /> (By Sri.T.H.Shankar Narayan, Advocate)<br /> <br /> Vs. <br /> Opposite Party The Secretary, <br /> Kanaka House Building Co-operative Society Ltd., No.32/2A, Vanivilasa Road, Near Siddappa Square, Mysore.<br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 22.04.2009<br /> Date of appearance of O.P. : -<br /> Date of order : 11.06.2009<br /> Duration of Proceeding : -<br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the complainant against the opposite party in brief is, that opposite party is a House Building Co-operative Society, in which she became a member for allotment of a site and has paid a sum of Rs.43,0001.25 inclusive of share amount of Rs.1,000/-. But, thereafter, the opposite party has neither allotted her a site nor repaid the money despite demand and thereby has prayed for a direction to the opposite party to refund her money with damages of Rs.50,000/-.<br /> <br /> 2. The opposite party after service of notice of this complaint has remained absent is set exparte.<br /> <br /> 3. In the course of enquiry into the complaint, the complainant has filed her affidavit evidence and produced the original documents in proof of the payments made. Heard the counsel for the complainant and perused the records.<br /> <br /> 4. On perusal of the affidavit evidence of the complainant, share certificate and receipts for having paid certain amounts towards sital value disclose that the opposite party after receipt of these monies has failed to allot a site or to refund the money paid by the complainant. It is further seen that on the representation of this complainant and others the concerned Assistant Registrar of Co-operative Societies on 22.05.2007 directed the opposite party by his order to refund the money of the complainant, but the counsel for the complainant submitted that the opposite party has not followed the order of the Assistant Registrar. The complainant has also produced a copy of the letter dated 15.11.2000 demanding for refund of money, but all those developments have not moved the opposite party to refund the complainant’s money. All these material facts have remained uncontroverted. Therefore, we hold that the opposite party is liable to refund Rs.15,000/- paid on 06.08.1996, another Rs.15,000/- paid on 23.01.1993, Rs.6,000/- paid on 18.12.1999, and Rs.6,001.25 paid on 19.03.1993 and share amount of the complainant as sought. With this, we pass the following order:<br /> <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The opposite party is directed to refund in all Rs.43,001.25 within 60 days from the date of this order with interest at 15% p.a. from the date of the respective deposits on the deposited amounts and dividends if any on the share amount.<br /> 3. The opposite party shall also pay Rs.1,000/- to the complainant as cost of this complaint.<br /> 4. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 11th June 2009)<br /> <br /> <br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br />