BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023
CONSUMER COMPLAINT NO.75/2019
DATED ON THIS THE 18th July 2019
Present: 1) Sri. C.V Maragoor
B.COM., L.L.M., - PRESIDENT
2) Sri. Devakumar.M.C.
B.E., LLB., PGDCLP - MEMBER
Complainant/s : Dinesh Kumar Jain
S/o Dharampal Jain,
Aged about 42 years, Resident of
#F-43, Manish Complex, Convent Road,
Richmond Town,
Bengaluru-25.
(Sri. Dinesh Solanki., Advocate)
V/S
Opposite party/s : Karnataka Telecom Department
Employees Co-Operative Society,
Ammim’s Castle, No.706, 1st, Floor,
CBI Road, HMT Layout RT Nagara
Post Near St.Jude Catholic Church
Bengaluru.
Represented by its Authorized Signatory and
President Sri. VJK Bakthavakchalam
S/o Late Sri Kannaiah Naidu.V.
(Exparte)
Nature of Complaint | Deficiency in Service |
Date of filing of complaint | 13.02.2019 |
Date of issue notice | 11.04.2019 |
Date of order | 18.07.2019 |
Duration of Proceeding | 5 MONTHS 5 DAYS |
Sri. M.C. Devakumar,
Member
The complainant has filed complaint under section 12 of consumer Protection Act 1986 against the opposite party society, alleging deficiency in service and unfair trade practice and seeking a direction to allot a site measuring 50x80 ft and execute a registered sale deed in his favour at Brahmananda Sagar layout and to pay a compensation of Rs. 4,00,000/- for causing inordinate delay and to pay Rs. 15,000/- towards cost of proceeding and to pay a Rs. 5,00,000/- towards causing mental trauma, tension hardship and inconvenience.
2. The complainant submits that he intending to purchase a residential site measuring 50 x 80 ft in opposite party’s Brahmananda Sagar layout, at Mysuru, and paid a total sum of Rs. 6,57,020/- towards sale consideration with membership no A 26030. On accepting the amount the opposite party assured to develop the layout and get execute the registered sale deed in his favour within 18 months but failed. Despite of repeated demands and requests the opposite party has not allotted the site. When contacted in December 2017 the opposite party assured to get execute the registered sale deed, but not done so, even though the complainant was ready and willing to get executed the conveyance deed in his favour. The opposite party never intimated about registration of site as such, alleging deficiency in service and unfair trade practice by opposite party filed the complaint seeking reliefs.
3.Despite of service of notice the opposite party remained absent hence, placed exparte.
4. To establish the facts, the complainant filed his affidavit evidence supported with several documents marked as exhibits P1 to P6. Heard the learned counsel for complainant. On perusing the material on record matter posted for orders.
5. The following points arose for consideration.
1. Whether the complainant establishes that the opposite party committed deficiency in service and unfair trade practice and thereby he is entitled for the reliefs sought?
2.What order?
6. Our findings on the aforesaid point is as follows:
Point no.1: Partly in the affirmative.
Point no.2: As per final order for the following
Reasons
7. Point No.1 :- The complaint pleaded in his affidavit evidence that he had paid a total sum of Rs. 6,56,000/- to the opposite party towards allotment of a residential site measuring 50 x 80 ft, in their Brahmananda Sagar layout at Mysore. Though the opposite party assured to develop and get execute the registered sale deed within 18 months while receiving the amount failed to allot a site. Demands made towards the same went in vain as such suffered mental agony, inconvenience hardship and alleged the deficiency in service and unfair trade practice by the opposite party and hence, sought for the reliefs.
8. Exhibits 1 to 6 established that the complainant had obtained the membership with opposite party society and made payment of Rs. 6,56,000/- towards consideration for allotment of the site measuring 50 x 80 ft in Brahmananda Sagar layout at Mysore and the demand made through a legal notice calling upon the opposite party to allot a site and get execute the registered sale deed. In spite of receipt of huge amount the negligent attitude of the opposite party justifies the deficiency in service and unfair trade practice towards the complainant.
9. In view of the above observations, this forum finds that the opposite party is liable to allot a site measuring 50 x 80 ft in their Brahmananda Sagar Layout at Mysore and to execute a registered sale deed in favour of the complainant. Further, for having caused mental agony, hardship, in convenience the opposite party is liable to pay compensation with cost of the proceedings to the complainant. Hence the point no.1 is answered partly in the affirmative.
10. Point no.2:- In view of the discussion on point no.1 the complaint deserves to be allowed in part. Hence the following:
ORDER
- The complaint is allowed in part.
- The opposite party is hereby directed to allot a residential site measuring 50 x 80 ft in their Brahmananda Sagar Layout at Mysore and execute the registered sale deed in favour of the complainant, in 60 days. Failing to comply, the opposite party is liable to pay penalty of Rs. 250/- per day until compliance.
- The opposite party shall pay compensation of Rs. 2,00,000/- for the inordinate delay in allotment of site in favour of the complainant and Rs.50,000/- towards damages for causing mental agony, hardship and inconvenience and Rs. 10,000/- towards cost of the proceedings to the complainant in 60 days. In default to pay, the opposite party shall pay interest at 10% per annum on the said total sum of Rs. 2,60,000/- until payment made.
- In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act. 1986.
- Furnish the copy of this order to the parties, at free of cost
