BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.396/2018

DATED ON THIS THE 30^th May, 2019

      Present:  1) Sri. C.V.Maragoor

B.Com., L.L.M., - PRESIDENT   

                     2) Sri. Devakumar.M.C.           

                                        B.E., LLB., PGDCLP   - MEMBER

Sri DEVAKUMAR.M.C,

Member

1.          The complainant has filed the complaint under section 12 of the Consumer Protection Act, 1986 against the opposite party society, alleging deficiency in service and unfair trade practice and seeking a direction to allot a residential site measuring 30 x 40 ft. and to execute a registered sale deed in his favour in their layout by name “Athmananda Sagara” and to pay compensation of Rs.4,00,000/- for causing delay, mental agony, hardship and to pay Rs.25,000/- towards cost of the proceedings with such other reliefs.
2.          The complainant paid Rs.1,020/- towards membership fee and become a member with membership number A-26615 and he paid a total sum of Rs.1,96,800/- to opposite party towards allotment of a residential site measuring 30 x 40 ft. in their “Athmananda sagara layout” at Mysuru.  While accepting the said amount, the opposite party assured to develop the layout and allot a site and to execute the registered sale deed in 18 months, but it failed to perform its promise.  The complainant demanded and requested the opposite party to allot the site on several occasions, but went in vain.  Finally the complainant demanded opposite party in January, 2018 at that time opposite party promised to execute the sale deed in April 2018, but failed.  The complainant was ready and willing to pay the balance consideration amount to opposite party and ready to get the sale deed.  A legal notice was caused on 28.05.2018 to opposite party, but the opposite party neither replied nor complied.  Hence the aggrieved complainant alleged deficiency in service and unfair trade practice by opposite party and seeking reliefs filed this complaint.
3.         The notice of this Forum was served on opposite party, who remained absent hence, placed exparte.
4.         The complainant filed his affidavit evidence and relied on several documents to establish the case.  Written arguments filed by the complainant.  Heard the counsel for complainant and on perusal of the materials on record and the points that would arise for determination are as under:-   

1. Whether the complainant establishes the deficiency in service and unfair trade practice by the opposite party society and thereby he is entitled for the reliefs sought?
2. What order?

5.    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 below

:: R E A S O N S ::

6.         Point Nos.1 and 2 :- The complainant has paid a total sum of Rs.1,96,800/- to opposite party towards allotment of a residential site measuring 30 x 40 ft. in their Athmananda Sagara layout at Mysuru.  The payment of amount has been acknowledged by opposite party vide receipts bearing Nos.021187 dated 12.07.2011, 33189 and 33190 dated 10.12.2012.
7.          The opposite party has assured to develop the layout and to execute the registered sale in favour of the complainant in 18 months, but it failed.  Evenafter repeated demands also, the opposite party has failed to allot the site and execute the registered sale deed.
8.          The callous attitude by the opposite party towards the complainant by not allotting a site and execution of registered sale deed, even though the complainant was ready and willing to pay the balance consideration and to get the deed of conveyance in his favour clearly establishes that the opposite party has committed deficiency in service and unfair trade practice.  Thereby the opposite party society is liable to allot a residential site in favour of the complainant and to execute the registered sale deed.  The complainant is entitled to a compensation of Rs.50,000/- towards deficiency in service, unfair trade practice and mental agony.  Further, the complainant is entitled to a sum of Rs.10,000/- towards the litigation expenses.  Hence, we proceed to pass the following:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to allot a residential site measuring 30 x 40 ft. in their Athmananda Sagara Layout at Mysuru and to execute registered sale deed in favour of the complainant in 60 days from the date of order.  Failing to comply, the opposite party is liable to pay penalty of Rs.200/- per day until compliance. 
3.  The opposite party society shall pay a sum of Rs.50,000/- towards compensation for the deficiency in service, unfair trade practice, mental agony, hardship etc., and a sum of Rs.10,000/- towards cost of this proceedings to the complainant in 60 days from the date of order.  In default to pay, the opposite party is liable to pay interest at 10% p.a. on the said total sum of Rs.60,000/- from the date of filing complaint till payment.
4. Furnish the copy of the order to the complainant and opposite party at free of cost.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 30^th May, 2019)