COMPLAINTS FILED ON: 19.08.2011
DISPOSED ON:28.12.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
28th DAY OF DECEMBER-2011
PRESENT:- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT Nos.1527/2011, 1528/2011
Complaint no.1527/2011 ComplAINANT | Sukumar M.R. S/o Late K.Ramaiah Setty, Aged about 43 years, Residing at No.69, 1st Floor, Saptagiri Apartments, 6th Cross, Sampige Road, Malleswaram, Bangalore-560 003. Advocate:Sri.K.S.Kalleshappa. |
Complaint no.1528/2011 ComplAINANT | Sanjeev Kumar B.Shah S/o Bhupatrai D.Shah, Aged about 43 years, Residing at No.1149, 16th ‘B’ Cross, Yelahanka New Town, Banalore-560 064. Advocate:Sri.K.S.Kalleshappa. V/s |
OPPOSITE PARTY | Karnataka Legislative Council Secretariat Employees Welfare Forum ( R), No.2, 2nd Floor, 4th Main Road, Nehru Nagar, Seshadripuram, Bangalore-560 020. Represented by its Secretary. Adv:Sri.Siddanooru Vishwanatha |
O R D E R
SRI. B.S. REDDY, PRESIDENT
These two complaints by the respective complainants U/s. 12 of the Consumer Protection Act of 1986 are filed seeking direction against the OP to execute the sale deeds and register the same in respect of the sites or to refund the amount with interest at 24% p.a. along with compensation of Rs.2,00,000/- on the allegation of deficiency in service on the part of the OP.
2. Though OP appeared through his counsel, in spite of affording sufficient opportunity failed to file the version.
3.The complainants filed affidavit evidence in order to substantiate the complaint averments.
4. The complainants filed Written Arguments.
5. Heard from complainant’s side, OP side taken as heard.
6.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainants. On the basis of these materials, it is evident that OP being a registered Society proposed to form a residential layout ‘Vayuja Councial Gardens’ situated at Hoovinayakanahalli Village, Jala Hobli, Bangalore Rural District, Hennur Main Road, made vide publicity of allotting sites to the needy members. The complainants became the members of the OP and applied for residential sites measuring 30 X 50 Feet. The complainant in complaint No.1527/2011 deposited total amount of Rs.5,06,250/- on various dates from 30.12.2006 to 15.12.2007 through cheques and OP has issued the receipts acknowledging the receipt of the said amount. The complainant in complaint No.1528/2011 deposited total amount of Rs.5,06,250/- on various dates from 30.12.2006 to 29.12.2007 and OP has issued the receipts acknowledging the receipt of the said amount. The complainants paid 75% of the sital value as per the valuation fixed by OP. They were prepared to pay balance amount and get the sale deed registered. The total sital value of 30 X 50 feet site was fixed at Rs.6,75,000/-. Op failed to form the layout and allot the sites to the complainants. The legal notices dt.14.07.2011 was issued to the OP demanding to execute the sale deeds, OP has not responded for the same. Thus it becomes clear that OP neither formed the layout and fulfilled its obligation by executing the sale deed nor refunded the amount received from these complainants. In the letter dt.29.05.2010 issued by OP, it is stated that the land on which the proposed layout was to be formed has been acquired by KAIDBA as such there is delay in forming the layouts. OP proposed other two alternative layouts one near International Airport, behind ITC Factory and another one Alambadi Village Malur Taluk, Near Hoskote but the complainants were not prepared to go for the alternative layouts to get the sites. Under these circumstances, we are of the view that the act of OP neither forming any layout and allotting the sites nor refunding the amount received from these complainants, amounts to deficiency in service. Since no layout has been formed, OP cannot be directed to execute the sale deeds. The very fact of OP not filing the version leads to draw inference that OP is admitting the claim of these complainants. There is no reason to disbelieve the unchallenged affidavit evidence of the complainants and documents produced. The alternative relief to refund the amount along with interest at 18% p.a. by way of compensation can be awarded. Accordingly, we proceed to pass the following:
O R D E R
The complaints filed by the complainants allowed in part.
OP is directed in both these complaints to refund an amount of Rs.5,06,250/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation costs of Rs.2,000/- to each of these complainants.
OP to comply the order within four weeks from the date of this order.
Send the copy of this order to both the parties free of cost.
This original order shall be kept in the file of the complaint No.1527/2011 and a copy of it shall be placed in other complaint.
(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 28th day of DECEMBER– 2011.)
MEMBER MEMBER PRESIDENT
Cs.
