BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 27^TH DAY OF FEBRUARY 2024

COMPLAINT No.464/2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP directing the OPs to register 30X40 feet site immediately or alternatively direct the OPs to refund the site value together with interest at 24% p.a., from the date of receipt of payment till the date of full satisfaction along with Rs.3,00,000/- towards mental agony and hardship and also for grant of such other reliefs.
2. The case set up by the complainant in brief is as under:-

The complainant agreed to become the member to the OP society vide membership No.741 dated 17.09.2012 and also submitted application and OPs have allotted A/c No.A32355 collected an amount of Rs.4,81,020/- in three installments for the site measuring 30X40 feet.  But the OP failed to allot the site and register the absolute sale deed in respect of the allotted site to the complainant. Complainant had approached the society on several occasions to get the registration of the absolute sale deed in respect of the allotted site to him and his efforts went in vain. Having no other alternative complainant issued legal notice dated 28.10.2023, but there was no reply from the OP.  Hence the complainant has filed this complaint.

3. After issue of notice OP has not appeared before this Commission. Hence OP placed exparte.

4. The complainant has filed his affidavit evidence and relies on 10 documents. 

5. Heard the arguments of the complainant. Perused the documents.

6. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OPs?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

7. Our answers to the above points are as under:

       Point No.1:  Affirmative

      Point No.2 : Party Affirmative

      Point No.3 : As per final orders

REASONS

8.       Point No.1 AND 2: Perused the complaint and affidavit evidence of complainant and documents filed by the complainant. Inspite of service of notice, the OPs remained absent. Hence OPs neither challenged the allegations made in the complaint and also documents and they remained unchallenged.

9.       The complainant filed his affidavit evidence and relied on Ex.P1 to P10. Ex.P1 is the copy of the membership application and Ex.P2 is the copy of the application for allotment of site and Ex.P3 to 5 are the copies of the receipts, Ex.P6 and P7 are the letters dated 24.12.2010 and 19.02.2018, Ex.P8 is the copy of legal notice and Ex.P9 and P10 are the two postal receipts along with postal acknowledgement cards.

10.     It is undisputed fact that the complainant became the associate member of the OP society and paid advance payment of Rs.4,81,020/-/- for the allotment of site measuring 30’X40’ in the project named Ayushmanbhava formed by the OP.  But the OP has failed to allot the site as on date. After that the complainant has approached the OP and requested them to get the registration of the absolute sale deed in respect of the allotted site to him and all his efforts went in vain.

11.     The complainant has become the member and made payment of substantial amount as per Ex.P3 to P5. The OP have collected the amount from 2012 to 2014, and failed to allot and register the site in respect of the allotted site to the complainant.

12.     If the complainant has invested the amount paid to the OP in the year 2012 in any of the other projects or in the bank he would have got the site or the interest on the said amount. The OP have neither returned the amount nor registered the site.

13.     It is clear from the above evidence and the documents that even though the complainant is ready to get the site registered in his favour the OP has simply dragged the matter for one or the other reason.

14.     The complainant has sought the relief to direct the OP to execute the registered sale deed in respect of allotted site. Whether the site is available or not for registration is not known to the complainant. If this commission pass the order directing the OP to register the absolute sale deed in favour of the complainant relating to site, if it is not available the order will become unexecutable. Under these circumstances, we feel it is necessary to direct the OP to execute the registered sale deed relating to site in favour of the complainant, if site is available in the layout formed by the OP society and if it is not available the OP is directed to refund the amount with interest. The complainant has clearly established the deficiency of service and negligence on the part of the OP, since the complainant has paid the entire consideration amount from 2012 till 2014 the OP has not taken any steps for registration of the site in favour of the complainant. If the sites are not available then it is the duty of the OP to refund the amount with nominal interest in favour of the complainant. Instead of registration of the site or refund of the amount the OP has simply dragged the matter for one or the other reason without giving any relief to the complainant. Hence we answer point No.1 in the affirmative and point No.2 party in the affirmative.

15.     Point No.3:- In view the discussion referred above the complaint is liable to be allowed with direction to the OP to register the site measuring 30X40 feet in favour of complainant. If the OP failed to register the site in favour of the complainant, he is directed to refund the amount of Rs.4,81,020/-  with interest at 14% p.a., from the date of respective payment till realization. The complainant is also entitled for compensation of Rs.1,00,000/- with Rs.10,000/- litigation charges within three months from the date of this order.  We proceed to pass the following;

O R D E R

1. The complaint is allowed.
2. OP is directed to register the absolute sale deed in favour of the complainant in respect of site measuring 30X40 feet to the complainant within three months from the date of this order. If the OP fails to execute the register the sale deed in favour of the complainant, OP is directed to refund the amount of Rs.4,81,020/- with interest at 14% p.a., from the date of respective payment till realization.
3. OP is further directed to pay the compensation of Rs.1,00,000/- with Rs.10,000/- litigation charges to the complainant.
4. The OP shall comply this order within three months from this date, failing which the OP shall pay interest at 15% p.a. on Rs.4,81,020/- paid by the complainant after expiry of three months till allotment of site.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 27^TH day of FEBRUARY 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL