1. Case called out. The complainant in CC 155/10 by name Malleswamacharaya filed letter of authorization to represent the complaint. The opposite party Secretary present before the Forum and submits that, opposite party society is ready to refund the amount to the complainant, but at present financial position is not sound and the society has to raised loan from the bank etc., In this regard, he has submitted his say in writing. <br /> 2. We have heard the complainant and the opposite party and perused the records.<br /> 3. Since, the opposite party has consented orally and in writing regarding refund of the amount, we found it just to dispose off the matter at this stage itself.<br /> 4. The grievance of the complainant is that, he had paid the advance amount to the opposite party society towards allotment of site. The opposite party society has not formed layout and allotted site. Hence, refund of the said amount with interest and compensation is sought.<br /> 5. As regards, refund of the amount, opposite party has consented and to substantiate the payment of the advance, the complainant has produced Xerox copy of receipts and so also, certain other correspondence. In view of the submission made by the opposite party and the material on record, the complainant has proved the advance payment to the opposite party society towards allotment of site.<br /> 6. The complainant has claimed interest at the rte of 18% p.a. In this regard, a ruling reported in II (2004) CPJ 129 is referred to. From the records, it is found that the complainant has paid the amount nearly 8 to 9 years back and that amount has been used or utilized by the opposite party society. Considering the law laid down by the Hon’ble Apex Court in the ruling referred to by the complainant as well as other circumstances, we found it just to award interest at the rate of 18% p.a.<br /> 7. The complainant has further claimed compensation towards mentally agony and other inconvenience. But, since we are awarding interest at the rate of 18% p.a., it is not just to award further compensation also. <br /> 8. The complainant has claimed cost of the proceedings at Rs.2,000/-. Since, the opposite party on the date of appearance itself consented for payment of the amount, awarding sum of Rs.500/- towards costs, will meet the ends of justice.<br /> 9. Accordingly, we pass the following order:-<br /> ORDER<br /> 1. The complaint is partly allowed.<br /> 2. The opposite party-society is hereby directed to refund Rs.10,000/- with interest from 08.07.2002 at the rate of 18% p.a., till realization. The opposite party shall pay said amount within two months from the date of this order.<br /> 3. Further, opposite party to pay a sum of Rs.500/- to the complainant towards cost of the proceedings.<br /> <br />