BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.234-2018

DATED ON THIS THE 8^th March 2019

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.           

                                        B.E., LLB., PGDCLP   - MEMBER

Sri DEVAKUMAR.M.C,

MEMBER

1.     The complainant filed the complaint under section 12 of the C.P.Act 1986, against the opposite party society, alleging deficiency in service and unfair trade practice and seeking a direction to opposite party, to allot a site measuring 50 x 80 ft. in their layout by name Athmananda Sagara and executed a registered sale deed in her favour and to pay compensation of Rs.8,00,000/- for the inordinate delay, mental agony etc., and Rs.25,000/- towards cost of litigation with such other reliefs.
2.     The complainant represented through her GPA holder submits that, she paid a total sum of Rs.8,84,000/- to opposite party society, towards allotment of a residential site measuring 50 x 80 ft. in their layout by name “Athmananda Sagara” at Mysore.  The payment was acknowledged through receipts and the opposite party assured to develop the layout and by allotting a site execute the registered sale deed in her favour within 18 months from the date of payment, but failed.  On repeated follow ups, the opposite party kept on dodging the matter with false assurances.  Hence, the aggrieved issued a legal notice on 02.05.2018, alleging deficiency in service, on failure to execute the deed of conveyance in her favour, was not replied.  Hence, filed the complaint and seeking reliefs.
3.     The opposite party filed versions and admitted the complainant as their associate member with membership A-24534 and had applied for allotment of site in the year 2007.  The opposite party submitted that, there was delay in development of layout due to Government policies and delay in conversion of lands.  However, the opposite party admitted the payment of Rs.8,84,000/- towards allotment of site by the complainant. After formation of layout, the sites were allotted on basis of seniority.  The fact was intimated to all the members vide letter dated 02.01.2014.  The legal notice of complainant was replied suitably.  Therefore, submits they are not liable to pay any compensation, as they have not committed any deficiency in service and hence prays for dismissal of the complaint.
4.     Both side parties have filed affidavits in lieu of examination in chief and complainant relied on several documents.  Written arguments filed by both.  Heard the counsel for complainant only.  Perused the material on record and posted the matter for orders.    
5.    The points arose for our consideration are:-

1. Whether the complainant establishes deficiency in service and unfair trade practice by opposite party, for not allotting a residential site measuring 50 x 80 ft. in their Athmananda Sagara Layout at Mysore and thereby she is entitled for the reliefs sought?
2.  What order?

6.    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 following

:: R E A S O N S ::

7.    Point No.1:- The complainant represented through her GPA holder, lead evidence by filing affidavit.
8.    The complainant had deposited a total sum of Rs.8,84,000/- towards allotment of residential site measuring 50 x 80 ft. in opposite party’s “Athmananda Sagara Layout”, between 11.06.2007 to 16.09.2009.  She waited for a substantial period, anticipating allotment of site by opposite party.  Though the opposite party assured to allot site and execute registered sale deed in 18 months from the date of receipt of sital consideration, but failed to adhere to the promise.  The opposite party kept on promising to allot the site till October 2017 and to execute the registered sale deed by February 2018, but failed.  Hence, the aggrieved sought for the reliefs.
9.    The opposite party admitted the payment of sital value since 2007 to 2009 for allotment of site.  Owing to delay in sanction by the concerned authorities, the development of layout work was delayed.  On obtaining sanction, the layout formation work started and some of the sites were allotted to the members.  As such, the complainant will be intimated by allotting site and execute necessary documents, shortly.  Hence, there is no deficiency in service and are not liable to pay any damages to the complainant.
10. On perusal of the materials, evidence, the complainant established that she had deposited a total sum of Rs.8,84,000/- to opposite party society between 2007 to 2009, towards allotment of a residential site in opposite party’s “Athmananda Sagara Layout” at Mysore.  The opposite party acknowledged the payment vide receipts.  Though the opposite party promised to develop the layout and to allot the site and execute registered sale deed within 18 months from the date of payment, failed to adhered to the same, posing various hurdles in getting concession of land and obtaining necessary approval for the development of layout from the concerned authorities, as the reason for the delay in development of layout work.  It is also admitted that, the opposite party not allotted the site even after the lapse of about 10 years from the date of payment of sital value.  Thereby, the opposite party is liable to allot a site and execute the relevant documents in favour of the complainant and pay the compensation for the delay and for causing mental agony, hardship etc., Hence, point No.1 is answered partly in the affirmative.      
11. Point No.2:- with the above observations, the complaint is to be allowed in part with a direction to opposite party to allot a site measuring 50 x 80 ft. in “Athmananda Sagara Layout” and execute registered sale deed in favour of the complainant and to pay compensation for the deficiency in service and unfair trade practice and to pay damages with cost of litigation. Hence, we proceed to pass the following:-

:: O R D E R ::

1. The complaint is hereby allowed in part.
2. The opposite party is hereby directed to allot a residential site measuring 50 x 80 ft. in their “Athmananda Sagara Layout” at Mysore and execute registered sale deed in favour of the complainant, in 60 days of this order.  Failing to comply, the opposite party society is liable to pay penalty of Rs.250/- per day until compliance.
3. The opposite party shall pay compensation of Rs.2,00,000/- for the deficiency in service and Rs.50,000/- for causing mental agony, hardship etc., and Rs.5,000/- towards litigation expenses to the complainant in 60 days of this order.  In default, the opposite party shall pay interest at 12% p.a. on the said sum of Rs.2,55,000/- until payment made.   
4. 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.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 8^th March 2019)