Date of Filing: 05.02.2010 Date of Order: 23.06.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 23RD DAY OF JUNE 2010<br /> PRESENT<br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 250 OF 2010<br /> <br /> Mohammed Khaleelulla<br /> S/o. Mohammed Ahmedulla<br /> R/at No. 76/44, 7th Cross<br /> 3rd Main, Wilson Garden<br /> Bangalore 560 027 Complainant<br /> <br /> COMPLAINT NO: 251 OF 2010<br /> <br /> Mohammed Ahmedulla<br /> S/o. Ghouse Pheer<br /> R/at No. 7-B, Jamania Complex<br /> 1st Cross, N.R. Road<br /> Bangalore 560 002 Complainant<br /> <br /> COMPLAINT NO: 252 OF 2010<br /> <br /> M.D. Soukar<br /> S/o. Mohammed Ahmedulla<br /> R/at No. 76/44, 7th Cross<br /> 3rd Main, Wilson Garden<br /> Bangalore 560 027 Complainant<br /> V/S<br /> <br /> The Secretary<br /> Karnataka Rajya Sarige Gruha Nirmana<br /> Sahakara Sangha Niyamitha<br /> No. 226, 1st Main, 1st Stage<br /> 5th Phase, 60 Feet Road<br /> West of Chord Road, Shivanagar<br /> Bangalore 560 044 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These three complaints are clubbed together for passing common orders since the opposite parties in all the three cases are one and the same and these three complaints can be conveniently disposed off by passing common order. <br /> The respective complainants have filed complaints stating that they became member of the opposite party society and shares were purchased. Complainants were interested in purchasing sites in the layout proposed to be formed by the opposite party. The complainant Mr. Mohammed Khallelulla in complaint No. 250/2010 has paid in all Rs. 3,47,000/- towards part payment of the site in the year 2006 to the opposite party. The complainants Mohammed Ahmedulla in complaint No. 251/2010 also paid Rs. 3,47,000/- to the opposite party. Rs. 1,47,000/- was paid on 09.02.2006 by D.D. and Rs. 2,00,000/- was paid by way of 4 D.D.s each valued at Rs. 50,000/-. These D.D.s were given on 20.04.2006. In this way total payment made by this complainant is Rs. 3,47,000/-. The complainant Mr. M.D. Soukar in complaint No. 252/2010 has paid in all Rs. 1,73,000/- to the opposite party in the year 2006. The complainants submitted that they requested several times to the opposite party for allotment of site and also for registration of site. Opposite party kept on postponing the same on one or other reasons. Complainants also issued legal notice to the opposite party. Complainants were ready to pay balance amount and get the site registered in their favour. Opposite party has no intention of forming layout and allot sites to the member. Opposite party is liable to pay compensation for the inconvenience caused to the complainant. Therefore, the complainants were prayed that opposite party be directed to register the sites in their favour and to pay compensation.<br /> 2. The opposite party filed defence version stating that it is a registered co-operative society. Opposite party collected site deposits from nearly 1200 members. Out of that 500 to 600 members have taken back their deposits as the project was delayed and about 100 members have requested opposite party to refund deposit amount. The complainants have admitted as members of opposite party society. The complainants have paid amount to the opposite party society voluntarily. No interest will be paid on the deposit amount. Opposite party society is ready to allot and register site in favour of the complainants at the rate of Rs. 445/- per sq.ft. Opposite party is also ready to refund the deposits to the complainants at any time without interest. When the work was in progress Government stayed the conversion of land for the residential purpose. Therefore, there is delay in forming the layout.<br /> 3. Respective parties have filed affidavit evidence and documents.<br /> 4. Heard the arguments.<br /> 5. The points for consideration are:<br /> 1. Whether the complainants have proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainants are entitled for refund of the amount paid by them?<br /> 3. Whether the complainants are entitled for interest on the refund amount?<br /> 4. Whether the complainants are entitled for compensation as claimed in the complaints?<br /> 6. During the course of argument the learned counsel for the complainants submitted that complainants are no more interested in getting sites since the opposite party has not formed the layout and there is still lot of delay for the formation of layout. The learned advocate also submitted that opposite party is demanding higher rate of price for the site. Therefore, the complainants seek refund of the amount paid by them with interest. The learned advocate for the opposite party fairly and very rightly submitted that during the course of argument that opposite party is always ready and willing to refund the deposit amount to the respective complainants if they are not interested in getting sites. Learned counsel for the opposite party further submitted that out of 1200 members nearly 500 to 600 members have already taken refund of the deposit amount since, the project was being delayed. So in view of the fair and right submission the learned counsel for the parties there remained no dispute between parties as regards the payment is concerned and also refund of the amount to the respective complainants. Even though the complainants have paid amount in the year 2006 with a hope that they may get sites but the opposite party was not in a position to form layout and allot sites. Therefore, this amounts to deficiency of service on the part of opposite party. The complainants have restricted their claim for refund of the amount paid by them and as per this prayer is concerned there is absolutely no dispute between parties. Opposite party has also come forward to refund the amount. The learned counsel for the complainant submitted to grant reasonable interest on the refund amount. Whereas the learned counsel for the opposite party submitted that interest may not be allowed and opposite party is ready to refund the amount received from the respective complainants. The submission of the advocate for the opposite party cannot be accepted on the point of interest. The opposite party having received the amount and utilised the money to form layout and to complete the project the opposite party cannot say that interest cannot be given on the refund amount. The complainants having invested their hard earned money with a hope of getting site, ultimately they have to be satisfied by taking money with interest. On the facts and circumstances of the case granting interest at 9% p.a. on the refund amount from the date of respective payments made by the complainants will meet the ends of justice. The complainants have prayed grant of compensation for mental agony etc. The complainants are not entitled for grant of any compensation. The question of granting compensation does not arise in these cases. The opposite party shall be directed to refund the respective amounts to the complainants with interest. That will meet the ends of justice. In the result I proceed to pass the following:<br /> ORDER<br /> 7. All the three complaints are allowed. The opposite party is directed to refund Rs. 3,47,000/- to the complainant Mr. Mohammed Khaleelulla in complaint No. 250/10.<br /> 8. The complainant Mohammed Ahmedulla in complaint No. 251/2010 is entitled for refund of Rs. 3,47,000/-.<br /> 9. The complainant M.D. Soukar in complaint No. 252/2010 is entitled for Rs. 1,73,000/-.<br /> 10. The opposite party is directed to pay interest at 9% p.a. to the respective complainants from the date of respective receipts of the amount till payment / realisation.<br /> 11. The complainants are entitled for Rs. 1,000/- each as cost of the present proceedings from the opposite party.<br /> 12. Keep the copy of the order in connected case file. <br /> 13. Send the copy of this Order to both the parties free of costs immediately. <br /> 14. Pronounced in the Open Forum on this 23RD DAY OF JUNE 2010. <br /> Order accordingly,<br /> PRESIDENT<br /> We concur the above findings. <br /> MEMBER MEMBER <br />