BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 22^nd DAY OF OCTOBER, 2021

CONSUMER COMPLAINT NO.1871/2019

PRESENT:                                                          

Sri.C.V.Maragoor, B.com, LL.M.              ….      PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B.….    MEMBER

Sri. M.B. Seena, B.A., (Law), LL.B.            ….         MEMBER

Govind S/o Hanumanth Naregal,

Aged about 83 years,

Occu:Medical Practitioner,

R/o H.No.2312, Siddharoodh,

Math Road, Old Hubballi,

(Rep by Sri.B.F.Megundi, Adv)

V/s

OPPOSITE PARTIES:

1. Karnataka State Co-operative Housing Federation,

No.3, S.Kariyappa Road,

Basavanagudi, Bengaluru,

Rep by authorized signatory.

2. The President,

Karnataka State Co-operative Housing Federation,

No.3, S.Kariyappa Road,

Basavanagudi, Bengaluru,

3. The Managing Director,

Karnataka State Co-operative Housing Federation,

No.3, S.Kariyappa Road,

Basavanagudi, Bengaluru,

Rep by authorized signatory.

(Rep by Sri.N.Ramachandra, Adv)

******

//ORDER//

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section-17 of the Consumer Protection Act, 2019 to direct the opposite party Karnataka State                Co-operative Housing Federation, Bengaluru to execute the registered sale deed infavour of complainant in respect of site No.457, 2^nd Stage, measuring 2,399.83 sq.ft situated at Chunchankuppe Village, Tavaragere Hobali, Bengaluru South Taluk, Bengaluru and award compensation towards mental agony along with cost of the complaint.

2. It is the case of complainant that opposite party no.1 is the Central Institution to primary Gruha Nirmana Co-operative Societies in Karnataka State.The opposite party no.2 is the President and opposite party no.3 is the Managing Director of opposite party no.1.The complainant has became the member of opposite party no.1 housing society and as per the request of the opposite party has paid sital value of Rs.9,26,000/- in five installments.The complainant has paid excess amount of Rs.1,20,000/- as per the demand of opposite party no.3 to meet their additional price and other charges. After payment of Rs.1,20,000/-, the opposite party no.3 has issued allotment letter dt.11.09.2009 allotting site No.457.The opposite party despite the payment made by the complainant of the sital value has failed to execute the registered sale deed on his repeated requests and legal notice.Hence, this complaint. 

3. In response to the notice, the opposite party no.3 appeared through their learned counsel and filed written version admitting that the complainant being member of the society paid amount for allotment of site and after payment of the sital value it has issued allotment letter dt.25.02.2009.It is the case of opposite party no.3 that it has not assured the complainant that it would allot the site by fixing any cut of date or promised to execute the sale deed by fixing any time frame, any delay in the allotment and registration of the site cannot be termed as deficiency of service.It is further case of opposite party that the distribution of site after formation of layout and release of site will take a long time, depending upon the work and progress in the completion of work related to water, electricity, Sewages and roads.The contention of opposite party is that the complaint is barred by limitation.On the above grounds, the opposite party no.3 asked to dismiss the complaint.

4. In response to notice, the opposite party no.1 & 2 have proceeded ex-parte.

5. The complainant has filed his affidavit evidence and got marked Exs.P1 to P15 documents.  On behalf of opposite party no.3 Nanjesh S, First Division Assistant filed affidavit evidence on the basis of EX.R1 authorization letter issued by opposite party no.3 and got marked EX.R2 copy of allotment letter and EX.R3 letter dt.02.05.2018 addressed to the developer. 

          6. We have heard the oral arguments advanced by the learned counsel for complainant and whereas the opposite party No.3 has submitted written arguments and the points that would arise for determination are as under:

i) Whether the complainant proves the deficiency in service on the part of Opposite parties not executing the registered sale deed ?

ii) Is complainant entitled to the reliefs sought for ?

7.    Our findings on the aforesaid points are as follows:

Point No.1:       In the affirmative    

Point No.2:      In the affirmative for the below

REASONS

8. Point No.1 and 2:- The learned counsel for the complainant advanced their argument that the opposite party though have agreed to execute the sale deed within 12 months from the date of calling applications to become member of the society even then the society has failed to execute the sale deed after lapse of 13 years.  The learned counsel for complainant further submitted that the opposite party has allotted site No.457 in 2009 even after lapse of 10 years from the date of allotment has failed to execute the registered sale deed and put the complainant in possession of allotted site.  The opposite party has not disputed that the complainant became member of their society in the year 2007 and paid all the four installments and also the additional price of the site a sum of Rs.1,20,000/- on 09.04.2009 vide Ex.P8.  The complainant has produced EXs.P3 to P6 receipts issued by opposite party for payment of four installments.  Ex.P10 is allotment letter dt.11.09.2009 issued by opposite party no.3 to the complainant bearing site No.457. 

9. The main contention of opposite party is that the complaint is barred by limitation.  The complainant has paid value of the site as per the demand made by the opposite party in the year 2007 and 2008 and paid additional amount of Rs.1,20,000/- on 09.04.2009.  After making payment of additional price, the opposite party has issued EX.P10 allotment letter.  It was the duty of the opposite party to execute the registered sale deed immediately after allotting site No.457 on 11.09.2009.  The complainant has produced EX.P11 dt.06.08.2010 application form to execute the registered sale deed along with DD drawn infavour of Subregistrar, Tavarekere, Bangalore towards registration charges of Rs.12,000/- and stamp duty of Rs.82,000/-.  These DDs have issued by ICICI Bank dt.05.08.2010.  These documents speak that the complainant was ever ready to get the registered sale deed in respect of site No.457.  The opposite party has not given reply to EX.P13 letter written by the complainant dt.29.06.2017 to execute the registered sale deed.  The cause of action continues to the complainant to get the sale deed and possession of the site till refusal or denial made by the opposite party.  On the contrary, the opposite party has sent EX.R3 letter dt.02.05.2018 to the developer of site stating that the complainant and another allottee have got issued legal notice and asked the developer to make arrangement for execution of sale deeds and intimate the progress of layout.  On perusal of EX.R3, it can be gathered that the opposite party has not denied or refused to execute the sale deed to the complainant in respect of site No.457.  The cause of action will arise only from the date of denial or refusal to execute the sale deed.  Therefore, the complaint is not barred by limitation.  On the contrary, the opposite party has failed to perform its service to execute the registered sale deed though it has taken sital value from the complainant during the period from 2007 to 2009 and even after lapse of more than 10 years has failed to perform its duty and thereby committed deficiency of service.  Therefore, the opposite parties shall compensate the complainant who is senior citizen aged 83 years on the date of complaint by paying Rs.50,000/- for causing mental agony.  For the above reasons, we proceed to pass the following;

ORDER

The complaint is allowed directing the opposite party no.1 to 3 shall execute the registered sale deed in respect of site No.457, 2^nd Stage, mesuring 2,399.83 sq.ft situated at Chunchankuppe Village, Tavaragere Hobali, Bengaluru South Taluk, Bengaluru within 30 days from the date of order.  In case the opposite parties failed to comply with the order within 30 days, it shall pay penalty of Rs.100/- per day from the date of default till the execution of the registered sale deed and handover the physical possession of site to the complainant.

It is further ordered that the opposite party no.1 to 3 shall pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/- to the complainant within 30 days from the date of order, otherwise it carries interest at the rate of 8% p.a. from the date of filing the complaint till payment.  

Furnish the copy of order to the complainant and opposite parties at free of cost. 

      (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 22^nd day of October, 2021)                                            

• M.B.SEENA)      (L.MAMATHA)          (C.V.MARAGOOR)                       
  144616126.  

                                 //ANNEXURE//

Witness examined for the complainants side:

Dr.Govind Naregal, the complainant has filed his affidavit.

Documents marked for the complainant side:

1. Copy of the Regulation issued by Karnataka State Cooperative Housing Federation dt.10.05.2006.
2. Original letter dt.06.06.2007.
3. Original cash receipt dt.23.01.2008.
4. Original cash receipt dt.11.01.2008.
5. Original cash receipt dt.06.02.2007.
6. Original cash receipt dt.12.03.2007.
7. Original temporary allotment letter dt.25.02.2009.
8. Original cash receipt dt.09.04.2009.
9. Original letter dt.04.07.2009.
10. Original allotment letter dt.11.09.2009.
11. Original form dt.06.08.2010.
12. Copies of two DD’s dt.05.08.2010.
13. Original letter dt.29.06.2017.
14. Original postal acknowledgement.
15. Original legal notice dt.02.04.2018.
16. Original postal acknowledgment.
17. Another legal notice dt.11.09.2019.
18. Original postal receipts.
19. Original postal acknowledgments. 

Witness examined for the opposite party side: 

Sri.Nanjesh S, First Division Assistant of Opposite Party No.3 has filed his affidavit.

Documents marked for the Opposite Parties side:

1. Authorization Letter dt.06.02.2021.
2. True copy of the allotment letter dt.11.09.2009.
3. Letter dt.02.05.2018.

• M.B. SEENA)         (L.MAMATHA)          (C.V.MARAGOOR)    
•