BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.50/2013

DATED ON THIS THE 26^th August 2016

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

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, 1986, against the opposite party, alleging the deficiency in service and seeking a direction to refund the amount of Rs.3,01,100/- deposited towards the allotment of site with interest at 18% p.a. from 22.10.2007 till the date of filing the complaint and also to pay future interest from the date of filing of the complaint until payment made, and to pay compensation of Rs.50,000/- towards mental agony, harassment with cost and other reliefs.
2.     The complainant interested in purchase of a site measuring 40’ x 60’, from the opposite party society, deposited a sum of Rs.3,01,100/- on 22.10.2007 and opposite party acknowledged the receipt of the same.  The opposite party neither allotted a site nor communicated the change of its address.  The opposite party never responded to the queries of the complainant and the letter sent through RPAD, returned with an endorsement “Addressee left”.  A legal notice caused on 29.12.2012 though served on opposite party on 02.01.2013, did not choose to reply.  Hence, the aggrieved complainant filed the complaint, alleging deficiency in service and seeking reliefs.
3.     The opposite party submit in its version that the complaint is not maintainable and submit its present address.  The opposite party admitted the deposit of Rs.3,01,000/- on 22.10.2007 and denies all other allegations as false.  The opposite party entering into an agreement with M/s Nandi Developers and Constructions, acquiring lands for development of sites and paid the necessary fees to the concerned authority.  Thereby the opposite party is making its best efforts to provide sites to its members.  Hence, there is no deficiency on its part, as such prays for dismissal of the complaint.
4.     To establish the facts, the complainant filed her affidavit evidence and relied on several documents.  The opposite party also filed its affidavit along with documents.  Written arguments filed by the complainant only.  On perusing the material on record, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service on the part of opposite party in not allotting a site, despite of receipt of initial amount towards the site measuring                         60’ x 40’ and thereby entitled for the reliefs sought for?
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 deposited a sum of Rs.3,01,100/- with the opposite party on 22.10.2007, for allotment of a site measuring 60’ x 40’ at its layout.  The opposite party failed to appraise the progress of the development work to the complainant and also shifted the office without giving any intimation to its members.  The letter written to opposite party returned unserved for the reason “addressee left”.  The legal notice issued on 29.12.2012, though served on opposite party, not replied.  The aggrieved complainant loosing interest in getting a site from opposite party, opted for refund of the deposit amount with interest from the date of deposit of the same.  Hence, the complaint and sought for the reliefs.
8.    The opposite party contended that, it has entered into an agreement with M/s Nandi developers and constructions Ltd., for development of layout on acquiring land from its owners.  Necessary approval obtained from the competent authorities by depositing the statutory amount.  Subsequently one of the owner of the landed property, filed a suit before the court of law, which caused substantial delay in development of layout.  As such, the opposite party has no such intention of denying allotment of site, by receiving the balance sale consideration.  Further, contended that, it is not making any profit out of the amount deposited towards the site, as such, it is not in a position to repay the deposit amount along with interest.  Hence, contended that, there is no deficiency in service on its part and prayed for dismissal of the complaint.
9.    The material placed on record reveals that the complainant had deposited the initial amount towards the allotment of site measuring 40’ x 60’ at opposite party’s Viswamanva Enclave on 22.10.2007.  In the meanwhile the opposite party shifted its office to new address, but the same was not intimated to its members.  Though the opposite party entered into an agreement for development of layout work with M/s Nandi Developers and Constructions Ltd., failed to develop the layout and distribute the same to its members for obvious reasons.  Hence, the complainant having lost the faith in opposite party society, demanded for refund of the deposited amount with interest from the date of its deposit.  Therefore, the reasons quoted by the opposite party for the delay in allotment of a site and execution of necessary documents in respect of the site to be allotted is not accepted.  As such, the opposite party society shall refund the amount deposited with interest and suitable compensation to the complainant.  Accordingly, point No.1 is answered partly in the affirmative.
10.  Point No.3:- From the above observations, 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 refund the deposit amount of Rs.3,01,100/- together with interest at 18% p.a. from the date of its deposit (i.e. 22.10.2007) to till the date of payment, to the complainant, within 60 days of this order.  In default to comply the order, the opposite party shall pay Rs.100/- per day as penalty to the complainant, until payment is made.
3. The opposite party society shall pay Rs.10,000/- compensation for mental agony, harassment and Rs.2,000/- towards cost of the proceedings to the complainant, within 60 days of this order.  On failure to pay, the opposite party shall pay interest at 12% p.a. on the said total sum of Rs.12,000/-, from the date of this order to the complainant, till the date of payment.
4. In case of default to comply this order, the opposite party shall 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 26^th August 2016)