BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023
CONSUMER COMPLAINT NO.398/2018
DATED ON THIS THE 9th May 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 : Gururaj.H S/o Hanumantha
Rao H.G., aged about 49 years ,
# The Parkland, Row House
No.3, Bakewadu, Pune-411045.
(Sri. Dinesh Solanki., Adv)
V/S
Opposite party/s : Karnataka Telecom Department Employees
Co-Operative Society, Amim’s Castel No. 706,
1st Floor, Near CBI Road HMT Layout,
R.T. Nagar, Post (Near St Jude’s Church)
Bangalore -560032.
Rep by its President/Secretary
(Exparte)
Nature of Complaint | Deficiency in Service |
Date of filing of complaint | 29.10.2018 |
Date of issue notice | 12.12.2018 |
Date of order | 09.05.2019 |
Duration of Proceeding | 6 MONTHS 10 DAYS |
Sri. M.C. Devakumar,
Member
The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite party, alleging deficiency in service and unfair trade practice seeking direction against opposite party to allot a site measuring 50 x 80 feet in their layout by name “Athmananda Sagara” and to execute registered sale deed in his favour and to pay compensation of Rs. 50,000/- for the inordinate delay and to pay Rs. 4,00,000/- towards mental agony, hardship, inconvenience and cost of the proceedings with such other reliefs.
2. The complainant intending to purchase a residential site measuring 50 x 80 ft in opposite party society “Athmananda Sagara” layout, Mysuru, become a member of opposite party society. A sum of Rs. 6,57,020/- has been paid to opposite party through cheques. While receiving the amount, the opposite party assured to develop the layout and by allotting a site execute the registered sale deed in favour of the complainant. On repeated contacts and enquiry the opposite party failed to provide necessary details for the delay. The complainant alleged that the opposite party has assured to execute the registered sale deed by February, 2018 however failed to comply with a legal notice got issued on 03.05.2018 through RPAD, which was not replied. Hence the aggrieved complainant alleged deficiency in service and unfair trade practice by opposite party and filed the complaint seeking reliefs.
3. Opposite party has failed to appear in spite of the service of notice of this forum hence, placed exparte.
4. Complainant lead evidence by filing affidavit and produced some documents in support of his claims. Perused the material on record and posted the matter for orders.
5. The points arose for our consideration are:
- Whether the complainant establishes the deficiency in service and unfair trade practice by opposite party and thereby he is entitled for the relief sought?
- What order?
6. Our findings on the aforesaid points 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 complainant, after becoming a member of opposite party society deposited a total sum of Rs. 6,57,020/- towards consideration for allotment of a residential site measuring 50 x 80 ft at “Athmananda Sagara” layout at Mysuru. The opposite party has failed to allot the site and execute the registered sale deed even after the lapse of assured period. Aggrieved with the non allotment of site and allotment of sites to other members of the society the complainant alleged the deficiency in service and unfair trade practice by opposite party and sought for the reliefs.
8. Exhibits nos 1, 2 & 3 established the payment of Rs. 6,57,020/- to the opposite party society towards consideration for allotment of site measuring 50 x 80 ft in their “Athmananda Sagara” Layout at Mysore. Though the complainant was ready and willing to get the deed of conveyance in his favour. The opposite party failed to make allotment of site in favour of the complaint even after lapse of substantial period, thereby we opined that the opposite party has committed deficiency in service and with false assurance committed unfair trade practice to the complaint. Thereby, opposite party is liable to allot a residential site and execute the sale deed in favour of the complainant, without further delay, apart from payment of compensation for the deficiency in service and unfair trade practice and cost of the proceedings. Accordingly point no.1 is answered partly in the affirmative.
9. Point no.2:- With the above observations and discussions, the complaint is to be allowed in part. The opposite party is liable to pay compensation of Rs. 2,00,000/- towards deficiency in service and unfair trade practice and Rs. 10,000/- towards litigation expenses to the complainant. Hence the following:-
ORDER
- The complaint is allowed in part.
- The opposite party is directed to allot a residential site measuring 50 X 80 ft in their “Athamananda Sagara” layout at Mysore and execute the registered sale deed in favour of the complainant in 60 days of this order. In default to comply, the opposite party is liable to pay penalty of Rs. 200/- per day until compliance
- The opposite party is directed to pay compensation of Rs 1,00,000/- towards the deficiency in service and unfair trade practice and Rs. 10,000/- towards litigation expenses to the complainant within 60 days of this order. Failing to pay, the opposite party is liable to pay interest at 10% p.a on the said total sum of Rs. 1,10,000/- till payment made.
- In case of default to comply this order, the opposite parties 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, as per Rules.
