BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                             BENGALURU – 560 027.

DATED THIS THE 15^th DAY OF MARCH, 2023

CONSUMER COMPLAINT NO.169/2022

PRESENT:

SRI. RAJU K.S:MEMBER

                    SMT.REKHA SAYANNAVAR,:MEMBER

Prakash Thamankar

S/o.P V Bhat
Aged about 37 Years

Rep by GPA Holder Usha

W/o.Nagaraj Marathe M

Aged about 39 Years

Both Residing at

No.E-121 Ranmaiah Reddy Road,

Roopena Agrahara Hosur Road,

Bengaluru South,Bommanahalli,

Bengaluru-560068.                                       ……COMPLAINANT

 (Complainant Rep. by Smt. Nayana G.P, Adv)

V/s

Karnataka Telecom Department

Employees co-operative Society Limited.
Rep by the President

Mr.V.J.K Bakthavakchalam

Office at No.706, 1st Floor,

C.B.I Road, H.M.T Layout

(Near St.Jude Catholic Church)

R.T.Nagar Post,

Bengaluru-560032.                                   ……OPPOSITE PARTY

Ex-parte

*****

//JUDGEMENT//

BY SMT. REKHA SAYANNAVAR, MEMBER

          The present complaint is filed U/s 35 of Consumer Protection Act-2019 with a prayer to direct the opposite party to refund an amount of Rs.6,24,000/- along with interest at the rate of 18% per annum from the date of the down payment and to direct the opposite party to pay damages of Rs.1,00,000/- for mental agony and to pay the litigation expenses and to grant such other reliefs as this commission deems fit in the interest of justice and Equity. 

2. The brief facts of the complaint is as under;

          The complainant is represented by the power of attorney holder Usha (sister of the complainant).The opposite party is a society registered under the societies registration act and the complainant is a member to the said society bearing account number A20464.

        3. The opposite party had called applications for allotment of sites in the layout called “Ayushmann Bhava’’, the  residential layout project at Bengaluru. The complainant applied for the site measuring 30X40 square feet based on assurances, brochures. The value of the site was fixed at Rs.6,24,000/- and the complainant had paid all the instalments as per the direction of the opposite party.

          4. The complainant had paid the down payment and three instalments as under

          5. The complainant was assured that the site would be allotted within couple of months. However to his shock and surprise the opposite party till the date of comaplaint neither allotted a site nor registered the same. The complainant kept on approaching the opposite party. The opposite party in the month of August 2020 sent a letter under the heading “communication to the members who have invested their confidence and applied for the site in the society”, intimating the development and registration of the site in coming days. Despite of this communication letter they have not allotted the site in the name of the complainant. The act of the opposite party amounts to deficiency of services and caused mental agony and financial hardship to the complainant. Hence he left with no other alternatives, approached this commission for the redressal of his grievances under the CP Act-2019. Hence, this complaint.

6. The notice of this complaint was duly served on the opposite party. They remained absent and placed ex parte.

7. The GPA holder of the complainant had filed an affidavit in the form of her evidence in chief and marked exhibit P1 to P3.

9. The points that would arise for consideration are as under:

i) Whether the complainant has proved the deficiency of service of the opposite party ?

ii) If so, to what relief the complainant is entitled for ?

iii) What order ?

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

Point No.1 :  In affirmative

Point No.2 :  Partly in affirmative

Point No.3 :  As per the final order for the following;

REASONS

11. POINT NO.1 & 2 :- To avoid the repetition of the facts we have discussed both the point together. On perusal of EX.P1 to P3 it appears that it is the case of the complainant who was the member of the opposite party society bearing account No. A20464 applied for the site when the opposite party had called for the allotment of site in its residential project by name “AYUSHMANBHAVA” and made the full payment of rupees 6,24,000/-  to the opposite party. To substantiate his claim of full

payment to the opposite party he had produced all the payment receipts and marked them as EX.P2. On perusal of EX.P3 is the communication letter by the opposite party “Communication to the member who have invested their confidence and applied for site in the society” dated 28.08.2020. In that, the opposite party had intimated the development of the said project by name “AYUSHMANBHAVA” and allotment of the sites by coming days. Thereafter, inspite of receipt of full payment the op neither allotted any site nor registered any site to the complaint. This act of the op had caused mental agony and financial hardship. It amounts to the deficiency of service on the part of opposite party as enumerated under section 2(11) of CP Act-2019.Till filing of this complaint there was no allotment of any site to the complainant. The complainant’s prayer to direct the opposite party to register the site in his name does not arise here. We feel that the complainant is only entitled for the refund of rupees 6,24,000/-with interest at the rate of 9% from the date of the down payment to the opposite party till realisation. In addition to the complainant is also entitled for the compensation of Rs.20,000/- towards mental agony and financial hardship and Rs.10,000 for the litigation cost. Hence, we answer point number one in affirmative and point number two partly in affirmative.

15. POINT NO.3:- In the result, for the foregoing reasons, we proceed to pass the following;

ORDER

Complaint is allowed in part.

The opposite party is directed to refund an amount of rupees 6,24,000/– to the complainant with interest at the rate of 9% from the respective date of down payment till realisation.

Further the opposite party is directed to pay the compensation of rupees 20,000 towards mental agony and financial hardship and Rs.10,000/- towards the litigation cost.    

 If the opposite party fails to comply the order within 30 days, the above said amount of Rs.30,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

  Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgement. 

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 15^th day of MARCH, 2023)                                            

• REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)    
•  

//ANNEXURE//

Witness examined for the complainants side:

          Smt. Usha, who being the GPA holder of the complainant had filed her affidavit.

Documents marked for the complainant side:

  1) Xerox copy of the Power of Attorney executed by     complainant.

  2) Xerox copy of the five receipts issued by the opposite      party. 

  3) Xerox copy of the communication letter dt.20.08.2020   issued by the opposite party.

 Witness examined for the opposite party side:         

Documents marked for the Opposite Parties side:

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA, K)    
•