BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1562-2014

DATED ON THIS THE 11^th December 2015

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainants have filed the complaint under section 12 of the C.P.Act 1986, against the opposite party, seeking direction to allot a site measuring 50 ft. x 80 ft. and to execute registered sale deed, to pay compensation for causing inordinate delay, cost of the proceedings and compensation for mental agony, hardship and inconvenience caused.
2.     The complainant represented by her GPA holder.  The complainant intending to purchase a residential site from opposite party society, became a member of the society and deposited a total sum of `9,12,000/- on various dates.  The complainant dissatisfied for the delay caused in allotment of the site, execution of the registered sale deed and issuance of the possession certificate approached the opposite party and demanded for the same, on several occasions, but in vain.  The complainant though ready to pay the balance sale consideration, the opposite party fail to fulfill its part of work till date.  Hence the complaint, alleging the delay as deficiency in service and sought for the reliefs.
3.     The opposite party admitted the receipt of `9,12,000/- towards consideration for the allotment of the site measuring 50 x 80 ft. at Kuberanandha Sagara, Mysore and informed the complainant’s seniority number as 94, in the list of allotment.  The opposite party regretted for the inconvenience caused stating administrative reasons and assured the site will be allotted in due course vide letter dated 07.09.2011.  Later, allotted a site, vide letter dated 15.06.2015, bearing No.KS-287, in Phase 2, measuring         50 x 80 ft. formed at Kuberanandha Sagara at Mysore and assured the execution of sale deed after the receipt of balance payment and issuance of possession certificate within 15/20 days.  As such, there is no deficiency in service and hence not liable to pay compensation and other reliefs as sought.  Prays for dismissal of the complaint.
4.     The complainant lead evidence by filing affidavit and produced several documents in support of claim.  The opposite party filed version, but failed to lead evidence.  The opposite party produced provisional allotment letter.  Both parties filed written arguments.  On perusal of the material on board, matter posted for orders.
5.     The points arose for consideration of this Forum are as follows:-

1. Whether the complainant proves the deficiency in service, by opposite party society due to inordinate delay in allotment of site and non-execution of the registered sale deed and issuance of the possession certificate and thereby entitled for the reliefs sought?
2. What order?

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

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant being a member of the opposite party society, deposited a total sum of `9,12,000/- on various occasions for the purchase of a residential site measuring 50 x 80 ft. situated at Kuberanandha Sagara, in Mysore.  Even after receipt of amounts the opposite party society fail to allot a site in favour of the complainant, thereby the complainant caused a notice to the opposite party on 01.08.2011, stating her readiness to make the balance sale consideration towards the allotment of site.  Despite of several remainders, the opposite party fail to comply, thereby the complainant suffered financial loss.  Hence, the complaint, alleging the in-ordinate delay as deficiency in service and sought reliefs for the mental agony, inconvenience and hardship caused.
8.    The opposite party admitted the receipt of `9,12,000/- from the complainant towards the allotment of a site at Kuberanandha Sagara, Mysore and demand for the payment of balance sale consideration.  The opposite party regretted for the inconvenience caused, in its letter dated 07.09.2011 and 02.01.2014 and assured that the project will be completed and allotment of sites will be done to the members as per the list.  The opposite party got issued a provisional allotment letter on 15.06.2015 and demanded for the balance payment for the site and assured the registration of the site within 15 to 20 days on receipt of the balance sale consideration.  Thereby submits, there is no deficiency in service and not liable to pay compensation.
9.    It is observed from the averments and on perusal of the material on board, the complainant had deposited substantial part of the site value since 2007.  The complainant was ready to pay the balance sale consideration as per the terms.  But, the opposite party society fail to develop and complete the layout work as per schedule, had regretted to complainant and to its members for the inconvenience and inordinate delay vide its letter dated 02.01.2014.  The provisional allotment letter dated 15.06.2015 speaks about allotment of site bearing No.287 in Phase 2, measuring 50 x 80 ft. at Kuberanandha Sagara, project at Mysore in favour of the complainant and demand for balance amount towards the purchase of site, but never disclose that, when the registered sale deed executed and possession certificate issued in favour of the complainant.  In view of the above observations, this Forum is of the view that, undoubtedly there is inordinate delay on the part of opposite party society, in allotment of a site, execution of registered sale deed and issuance of the possession certificate in favour of the complainant.  Certainly, it amounts to deficiency in service on the part of the opposite party society.  Therefore it is just to compensate the complainant for the mental agony, hardship and inconvenience caused, suitably. Accordingly, the point No.1 is answered partly in the affirmative.
10. Point No.2:- In view of the above discussions, we proceed to pass the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party society is hereby directed to receive the balance sale consideration towards the allotment of the site from the complainant.
3. Further opposite party society is directed to allot a site measuring 50 x 80 ft. in Phase 2 of Kuberanandha Sagara at Mysore and to execute a registered sale deed and to issue possession certificate in favour of the complainant, within 30 days of this order.
4. The opposite party society shall pay a sum of  `25,000/- towards compensation for the mental agony, hardship and inconvenience caused and `5,000/- towards cost of this proceedings to the complainant, within 30 days of this order.
5. In default, the opposite party society shall pay penalty of `250/- per day of delay, until compliance is made.
6. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
7. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 11^th day of December 2015)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER