Date of Filing:12.01.2022

Date of Disposal:31.05.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI RAMACHANDRA.M.S,PRESIDENT

1. The complainants files a complaint with this Commission under Section 35 of the Consumer Protection Act of 2019 with a direction to OP to get the site registered in the name of the complainant, to pay a sum of Rs.5,00,000/- as damages for the mental agony, pain & sufferings and such other reliefs.

2.  The following are the complaint's key facts:

This is the case of the complainant thatOP is housing co-operative society and they have involved in the process of developmentof layouts and sell the sites to the purchasers. As such the OP has called for application for allotment of site in the layout called as “KUBERANANDA SAGARA” residential layout which is formed by OP society situated atMaidanahalli village, Ilawala hobli, Mysuru Tq. As such the complainant has applied for allotment of site measuring 40X60 sq.ft.. As per assurance of the OP society and the sital value was fixed for a sum of Rs.7,24,800/-. As per understanding between complainant and OP the complainant has paid first 03 installments as per the requirements of the OP and 03 installments taken total amounting of Rs.5,47,200/-.The 1^st installment payment was made on 16.07.2007 a sum of Rs.1,77,600/- and 2^nd installment on 30.07.2011 a sum of Rs.1,77,600/- and 3nd installment on 27.08.2011a sum of Rs.1,77,600/-.Subsequent to the receipt of the said amount the OP has failed to hand over the possession of the said site to the complainant as assured. The copy of the payment receipts and the notices for payment installments documents are marked as annexure F1 to F3 and G1 & G2. When the OP has failed to hand over the possession of the site by allotting the same and also by execute registered sale deed. Aggrieved by the act of the OP the complainant has made several requests and also issues request letters for allotment of said site. For the request of the complainant the OP has replied on 06.02.2010 by stating that since there is escalation in the cost of the acquisition of land by general factors and incidental costs in development. They demanded Rs.50/- per square ft. as additional payment in order to complete the project and to allot the same to the complainant. Upon which the complainant express his ready and willingness to pay same to get allotment of the site from the OP. After much communication and upon making several requests the OP has issued provisional site allotment letter dt.05.01.2022 to the complainant by allotting residential site bearing No.107 at Phase-A block measuring 222.9 Sq. mtrs. Despite of issue of allotment letter the OP has neither proceed to register the sale deed nor handed over the possession of the site allotted to the complainant. Whenever the complainant approached the OP society for execution of sale deed pertaining to the said site, the OP has dodged the matter by assigning one or the other reason. Despite of all the efforts when the complainant has failed to allot and hand over the possession of the site to the complainant. Aggrieved by the act and action of the OP he was forced to initiate the present complaint by seeking relief as prayed in the complaint along with other reliefs.Aggrieved by the act of the OP, the complainant filed present complaint.

3. Notice to OP-duly served, represented by counsel and filed written version and chief examination affidavit and also produced relevant documents in support of their pleadings.

4. The complainant filed chief-examination affidavit along with relevant in support of his contention.

5. Heard arguments. The matter is reserved for order.

6. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency in service on the part of the OP as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

7. The findings on the above points are as under:

Point No.1                :       Partly in Affirmative

Point No.2                :       As per final order

REASONS

8. POINT NO.1:-From the perusal of the complaint it is found that as OP is housing co-operative society and they have involved in the process of development  of layouts and sell the sites to the purchasers. As such the OP has called for application for allotment of site in the layout called as “KUBERANANDA SAGARA” residential layout which is formed by OP society situated at  Maidanahalli village, Ilawala hobli, Mysuru Tq. As such the complainant has applied for allotment of site measuring 40X60 sq.ft.. As per assurance of the OP society and the sital value was fixed for a sum of Rs.7,24,800/-. As per understanding between complainant and OP the complainant has paid first 03 installments as per the requirements of the OP and 03 installments taken total amounting of Rs.5,47,200/-.  The 1^st installment payment was made on 16.07.2007 a sum of Rs.1,77,600/- and 2^nd installment on 30.07.2011 a sum of Rs.1,77,600/- and 3nd installment on 27.08.2011  a sum of Rs.1,77,600/-.  Subsequent to the receipt of the said amount the OP has failed to hand over the possession of the said site to the complainant as assured. The copy of the payment receipts and the notices for payment installments documents are marked as annexure F1 to F3 and G1 & G2. When the OP has failed to hand over the possession of the site by allotting the same and also by execute registered sale deed. Aggrieved by the act of the OP the complainant has made several requests and also issues request letters for allotment of said site. For the request of the complainant the OP has replied on 06.02.2010 by stating that since there is escalation in the cost of the acquisition of land by general factors and incidental costs in development. They demanded Rs.50/- per square ft. as additional payment in order to complete the project and to allot the same to the complainant. Upon which the complainant express his ready and willingness to pay same to get allotment of the site from the OP. After much communication and upon making several requests the OP has issued provisional site allotment letter dt.05.01.2022 to the complainant by allotting residential site bearing No.107 at Phase-A block measuring 222.9 Sq. mtrs. Despite of issue of allotment letter the OP has neither proceed to register the sale deed nor handed over the possession of the site allotted to the complainant. Whenever the complainant approached the OP society for execution of sale deed pertaining to the said site, the OP has dodged the matter by assigning one or the other reason. Despite of all the efforts when the complainant has failed to allot or  hand over the possession of the site to the complainant. Aggrieved by the act and action of the OP he was forced to initiate the present complaint by seeking relief as prayed in the complaint along with other reliefs.

9. The OP filed written version, wherein they denied entire complaint allegations and also denied any deficiency on their part. Their specific contention for  the allegations of the complainant is that since there is delay in the approval process pertaining to the said layout work from the authority the delay is caused and it is also contended by the OP that since  there is escalation in the process of acquiring permission and acquisition of land, they sought for the enhancement of the value of the sites which is proposed to be allotted to the complainant and they admitted to allot the site if the escalation charges is paid by the complainant  and they contended the delay is for the above reason and they admitted to allot site to the complainant if the complainant is ready to pay the balance amount of Rs.4,77,600/-. On this ground  theydenied any deficiency of service on their part and pray for dismissal of complaint.

10. On the perusal of the complaint chief examination affidavit, it is crystal clear that the complainant has approached the OP society in order to get allotment of the site measuring 40X60 Sq. ft. in “KUBERANANDA SAGARA” residential layout situated at Maidanahalli, Ilawala hobli, Mysuru Tq. The agreed sital value is fixed by the OP for a sum of Rs.7,24,800/-. It is also admitted by OP and the complainant also produced annexure documents F1 to F3 and G1 & G2. These documents clearly establish that the complainant has paid a total sale consideration of Rs.5,32,800/- to the OP society by way of three installments and balance sale consideration amount is to be paid by the complainant at the time execution of sale deed by the OP society. As per agreed terms and conditions the OP after received a sum of Rs.5,32,800/- the OP society has delayed to hand over the possession of the site to the complainant. The reason assigned for delay cannot be accepted for the simple reason that the OP has clearly violated the agreed terms and conditions at the time of receiving the payment from the complainant. The delay to complete the work of the layout and also delay in handing over the possession of the said site to the complainant and also demanding escalation sital value for the reasons best known to the OP. All these facts clearly attracts the deficiency of service on the part of the OP. The OP society has clearly violated agreed terms and conditions which is entered between the OP and complainant. As such the OP has committed deficiency in service during the course of their transaction with the complainant. For which the OP is held liable to allot the site in the said layout along with other reliefs which is granted in the complaint. In view of the above discussion, the Point No.1 we answer Partly in Affirmative.

11. POINT NO.2:- In the result, we passed the following:

                             ORDER

1. Complaint is allowed in part.
2. The OP is  directed to allot site measuring 40X60 sq.ft. inKuberananda Sagar Phase-A block layout, as per booking seniority  of the complainant by receiving balance sale consideration amount as agreed  earlier along with other charges. Failing which the OP shall refund a sum of  Rs.5,47,200/- along with 12% interest from the date of last installment payment till the payment is made.
3. If the OP is fails to allot the site he shall pay compensation for deficiency of service amounting to sum of Rs.50,000/- and also liable to pay Rs.5,000/- towards cost of litigation to the complainant within 60 days from the date of order. Failing  which they shall pay interest on the said amount  at the rate of 8% p.a. from the date   to the complainant.
4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 31^stMay 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)       

 MEMBER                                  MEMBER

Witness examined on behalf of the complainant by way of affidavit:Sri Sanjeev Kumar.K.A.-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit:Sri B.S.Manjunath, Secretary of OP society

Documents produced by the OP:

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*