BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 28^TH DAY OF OCTOBER 2024

COMPLAINT No.404/2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Direct the OP to give any alternative site of similar dimension in any of the layout formed by the OP near Chunchanakuppe to the complainant.
2. In the event of the OP not coming forward to allot any other alternative site to the complainant or to direct to return the advance installments amount of Rs.7,80,000/-  and to pay 25% annual compound interest from the date of remittance of advance amount till the date of return of the amount.
3. Direct the OPs to pay damages of Rs.2,00,000/- to the complainant.
4. Grant such other relief as this Commission deems fit.

2. The case set up by the complainant in brief is as under:-

The complainant become the member to the OP society vide membership No.26/69 and paid an amount of Rs,1,00,000/- through cheque dated 28.12.2006 for allotment of site measuring 60X40 feet in and around Chunchanakuppe, Tavarekere Hobli, Bangalore South Taluk. As per the demand the complainant has paid Rs.2,00,000/- through cheque dated 17.04.2007 and Rs.2,40,000/- on 13.03.2008 and also paid a sum of Rs.2,40,000/- on 03.11.2008.  Totally complainant has paid Rs.7,80,000/- to the OP for which OP acknowledged the same.

3.  After collecting the entire amount, the OP did not come up with positive response even after lapse of 13 years. When the complainant approached the OP they gave vague and irrelevant answer and even mislead the complainant by stating that soon they clear the formation and distribute the sites. The complainant has given request letter dated 11.03.2023 and 12.07.2023 but the OP have not at all complied the request of the complainant. Hence this complaint.
4. After issue of notice OPs appeared and filed their version. It is the case of the OPs that the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine as it is barred by limitation.
5. The OPs have admitted that the complainant has paid the amount to the OP. the request of the complainant will be considered for allotment of site in any other layouts to be formed in due course by the OP. hence prays to dismiss the complaint.
6. The complainant has filed his affidavit evidence and relies on 10 documents.  Though sufficient time was given to the OP to lead their evidence, but they have not led any evidence. Hence evidence of OP is taken as nil.
7. Heard the arguments of the complainant and perused the written arguments and documents filed by the complainant. Though sufficient time was given to the OP to address their arguments, they have not appeared nor have filed any written arguments. Hence arguments of OP is taken as nil.
8. The following points do arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OPs?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

9. Our answers to the above points are as under:

       Point No.1:  Affirmative

      Point No.2 : Party Affirmative

      Point No.3 : As per final orders

REASONS

10. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, version, affidavit evidence and written arguments and documents filed by the complainant. 
11. The complainant filed his affidavit evidence and relied on Ex.P1 to P10. Ex.P1 is the copy of the circular, Ex.P2 is the copy of the receipt, Ex.P3 is the copy of the reminder letter, Ex.P4 is the copy of the ledger account maintained by OP, Ex.P5 is the copy of the reminder letter, Ex.P6 is the copy of the receipt, Ex.P7 is the copy of the reminder letter, ex.P8 is the copy of the receipt, Ex.P9 and 10 are the copy of the request letters.
12. It is undisputed fact that the complainant became the associate member of the OP society and OP society has allotted the membership. The complainant has paid a sum of Rs.7,80,000/- as per Ex.P2 and 3, and P5 to 8. The complainant has also given request letter as per Ex.P9 and 10 but the OP have not bother to give any reply. Finally the complainant contacted the OP and requested him to return the advance amount with interest, but they have not returned the advance amount with interest.
13. The OP has admitted the payment made by the complainant and they have taken the contention that the request of the complainant will be considered for allotment of site in any other layouts to be formed in due course by them.
14. The main grievance of the complainant is that even though he has paid the sale consideration to the OPs from 2006 to 2008 itself but the OPs still have not allotted any site and they are postponing the registration of the site and harassing this complainant without either refunding the amount or allotting a site and thereby they have committed deficiency of service and they are making unfair trade practice on their part.  
15. On the other hand the main contention taken by the OPs is that he is ready to allot the site in favour of the complainant in any of the layout to be formed in due course. 
16. If the OP is really interested in allotting the sites in order to safeguard the interest of their members they would have made arrangements for allotment of the site after received the entire amount.  The conduct of the OP clearly discloses that they are practicing unfair trade practice and they have committed deficiency of service and negligence on their part.  
17. Under these circumstances, we feel it is necessary to allow this complaint directing the OP to refund the amount of Rs.7,80,000/- with interest @ 9% pa., from the date of respective payment till the realization of the amount.  The complainant is also entitled for litigation cost of Rs.20,000/-.  Hence we answer point No.1 in the affirmative and point No.2 party in the affirmative.
18. Point No.3:- In view the discussion referred above the complaint is liable to be allowed hence we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to refund Rs.7,80,000/- with interest at 9% p.a., from the date of respective payment till realization to the complainant.
3. OP is further directed to pay Rs.20,000/- to the complainant towards litigation expenses.
4. The OP shall pay this amount within three months from the date of this order in default to pay interest @ 12% p.a., on Rs.7,80,000/- from the date respective payment till realization.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 28^TH day of OCTOBER 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;