BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 21^st DAY OF JUNE, 2023

APPEAL NOS. 1072/2019 AND 1073/2019

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI – MEMBER

1.      APPEAL NO.1072/2019 & 1073/2019

    1.      Karnataka Telecom Department

            Employees Co-Operative Society Ltd,

            No.706, 1^st Floor, CBI Road,

            HMT Layout, RT Nagar post,

            (Near St.Jude Catholic Church)

            Bengaluru-560 032

                                                                     … Appellant/s

  2.      The President

            V.J.K.Bakthavakachalam,    

            Karnataka Telecom Department

            Employees Co-Operative Society Ltd,

            No.706, 1^st Floor, CBI Road,

            HMT Layout, RT Nagar post,

            (Near St.Jude Catholic Church)

            Bengaluru-560 032

(By Sri.D.S.Lokesh, Advocate)

(Appellants are same in both appeals).
                                  

                                          -Versus-

1.      Appeal No.1072/2019

Sri.Keshav.N.Khatri,

S/o late Nabhandas Khatri,            … Respondent/s

Aged about 58 years,

P/o. Chandan Collection,

OSB Road, Gangavathi-583 227

2.      Appeal No.1073/2019

Sri.Satish Kumar

S/o late Kishanchand,

Aged about 56 year,

Proprietor of Kavita Ice Cream,

Somadri Street, Milletpet,

Bellari-583 101

COMMON ORDER

BY SRI RAVISHANKAR, JUDICIAL MEMBER

The Opposite Parties/Appellants preferred these Appeals against the order passed by the 1^st Addl. District Consumer Commission, Bengaluru dated 15-6-2019 in Complaint No.1486/2018 and 1487/2018 which directed these Appellants to register the sale deed in their favour towards the site measuring 30 X 40ft. in “Rathna Swarupa Layout” and if they failed to comply, they have directed to refund the amount of Rs.5,35,020/- with interest @ 12% per annum from 1-10-2007 and 6-6-2017 respectively till realization. Further directed to pay Rs.25,000/- towards damages and Rs.10,000/- towards litigation expenses and submits the complainants become members of these Opposite Parties society and applied for allotment of sites measuring 30 X 40ft. and paid a sum of Rs.5,35,020/-. After payment of the said amount, the complainants requested for allotment of the sites, but the Opposite Parties deliberately not allotted the sites and postpone the allotment of sites for the one or the other reason. The complainants made several representations either to allot the site or to refund the amount paid. But the Opposite Parties kept quiet without considering the requests made by the complainants. Subsequently, the complainants issued legal notice and called upon the Opposite Parties to refund the amount paid towards allotment along with interest @ 18% per annum from 2007 and even in spite of legal notice the Opposite Parties not replied the legal notice. Subsequently, the complainants filed these complaints alleging deficiency in service and sought for relief of the refund.  

2. After trial, the District Consumer Commission allowed the complaints and directed these appellants to the above said amount. In fact, the complainants become the members for allotment of sites measuring 30 X 40 to be formed in Chikkajala village under the layout named “Ratnaswarupa” in the year 2009 itself. These appellants have formed a layout in the first phase and allotted sites to 201 persons and the same sites were registered and in the second phase it is still forming some more layouts in and around Bengaluru and Mysuru. The formation of the layout in Ratnaswarupa is almost complete and the registration of the same has already commenced. The formation of the site is time consuming and requires approval from various Government Authorities. The delay in formation of the sites are not due to any intentional, it is only due to approval from the side of authorities. Hence, they could not allot the sites and register the same in the name of complainants. The site which has to be allotted to the complainants is more than two times value of the said sites is more than two times over and above the amount deposited by the complainants.   The complainants will be allotted the sites and they can get benefits out of it. The complainants are yet to pay Rs.2,98,200/- for the purpose of registration. The complainants are not come forward to the pay the said amount. In spite of that they had filed false complaints alleging deficiency in service. The District Commission without considering the said defence has allowed the complaints and directed these Opposite Parties to refund the amount with interest. In fact they ready to allot the sites, hence prayed for set aside the order passed by the District Commission and dismiss the complaint, in the interest of justice and equity.            

3. Heard.

4. On perusal of the memorandum of appeal, certified copy of the order passed by the District consumer Commission, it is noticed that the complainants have paid an amount of Rs.5,35,020/- way back in the year 2007 itself. The complainants constrained to file the complaints for allotment and registration of the sites. These appellants had not shown any material to show that subsequent layouts are developed and ready for registration. In the absence of such materials, we cannot believe the arguments submitted by the learned advocate for appellants. When the layout was not developed in spite of sufficient time taken, the complainants are entitled to get refund of the amount paid towards the allotment of sites. The District Commission after considering the evidence had directed these appellants either to register the sites in the complainant’s favour within one month and if they fail, they have directed to refund the amount paid with interest. The order passed by the District Commission is in accordance with law. We do not find any merits in the appeals. As such the appeals are dismissed and the order passed by the District Commission is confirmed. Accordingly, we proceed to pass the following:               

O R D E R

The appeals Nos.1072/2019 and 1073/2019 are hereby dismissed.

The impugned order 15-6-2019 passed by the 1^st Addl. District Consumer Disputes Redressal Commission, Bengaluru in CC.No.1486/2018 and 1487/2018 is confirmed.

The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the complainants.

The original of this order shall be kept in appeal No.1072/2019 and a copy thereof shall be kept in Appeal No.1073/2019.  

Send a copy of this order to both parties as well as concerned District Consumer Commission.

Member                                                         Judicial Member