BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 21/12.
THIS THE 19th DAY OF MARCH 2012.
P R E S E N T
1. Sri. Pampapathi B.sc.B.Lib. LLB PRESIDENT.
2. Sri. Gururaj, B.com.LLB. (Spl) MEMBER.
3. Smt. Pratibha Rani Hiremath,M.A. (Sanskrit) MEMBER.
*****
COMPLAINANT :- Ramachandra S/o. Easwarappa Vinnu, B.S.K. 3rd
stage, 5th block, behind Kamakya Theater, Katriguppe, Banashankari. Bangalore.
//VERSUS//
OPPOSITE PARTIES :- 1. M/s. Allamprabhu Housing Co-operative
Society Ltd., Rajendra Gunj Area, LBS Nagar, Raichur-Represented by its President Sri. M. Jagadeshwara Swamy;
2. M/s. Allamprabhu Housing Co-operative
Society Ltd., Rajendra Gunj Area, LBS Nagar, Raichur Represented by its Manager by name Sri. P.B. Baligar;
CLAIM : For to direct the opposite to pay a sum of Rs.
2,40,000/- with interest and to pay compensation amount of Rs. 3,00,000/- with interest and cost.
Date of institution :- 13-03-12.
Date of disposal :- 19-03-12.
Complainant represented by Sri. C. Kesava Rao, Advocate.
-----
This case coming for final disposal before us, the Forum on considering the entire material and evidence placed on record by the parties passed the following.
ORDERS ON ADMISSION OF THIS COMPLAINT.
By Sri. Pampapathi President:-
This is a complaint filed by complainant Raachandra against opposite Allam Prabhu Housing Co-operative Society U/sec. 12 of Consumer Protection Act for to direct the opposite to pay a sum of Rs. 2,40,000/- with interest and to pay compensation amount of Rs. 3,00,000/- with interest and cost.
2. The brief facts of the complainant’s case are that, he purchased one residential plot bearing No. 175 measuring to the extent of 12x18 meters from opposite Housing Co-operative society for consideration amount of Rs. 22,000/- vide registered sale deed bearing No. 519/1991-92 dt. 07-06-1991. He got mutated the plot in his name, he was in possession of it by paying tax to the CMC regularly, thereafter, he sold the said plot to one K. Jayalaxmi vide registered sale deed bearing No.2595/2011-12 dt. 27-06-2011 for consideration of Rs. 2,40,000/-. Now, the said K. Jayalaxmi made known to him that, opposite society sold out the said plot earlier to execution of registered sale deed in his favour to one Dr. Sriramulu vide registered sale deed dt. 02-07-1984. Prior to it, also to one more sale deed was executed in the name of Ramulu. Hence he filed this complaint for the reliefs as noted in it.
3. Heard on the admission of this complaint. Perused the facts pleaded and documents filed along with this complaint.
4. In-view of the facts and circumstances stated above. Now the points that arise for our consideration and determination are that:
1. Whether it is a fit case for to admit it and to issue notice to opposite for further enquiry by this DCF in the light of the allegations made by the complainant in this complaint.?
2. What order?
5. Our findings on the above points are as under:-
(1) In Negative.
(2) In-view of the finding on Point No. 1, we proceed
to pass the final order for the following :
REASONS
POINT NO.1:-
6. From the facts pleaded by the complainant in this complaint, documents filed and the submissions made by the learned advocate for complainant. It is the definite case of the complainant that, he got plot bearing No. 175 measuring 12x18 meters from opposite society under registered sale deed dt. 07-06-1991 thereafter, he got mutated in his name, he enjoyed the said property till execution of sale deed by him to one K. Jayalaxmi vide registered sale deed dt. 27-06-2011. This fact is very clear that, the said sale transaction in between himself with opposite society completed in all respects from 07-06-1991 to 27-06-2011, as he not made any kind of allegations regarding non performance any kind of service by the opposite society.
7. Now, this complaint is filed by him only after receipt of the notice by said K.Jayalaxmi regarding the existence of two other sale deeds bearing Document Nos. 1524/1984-85 & 2203/1984-85 dt. 15-10-1984 earlier to sale deed executed in his favour by opposite society.
8. In view of the specific allegations made by this complaint against opposite, he cannot say that, there was a deficiency in service on the part of opposite society towards him. Nothing remains in between complainant and opposite society to say society was required to give further more service and not done it and there by there was deficiency in service by the society. As regards to alleged cheating and fraud played by the society, it is for the complainant to approach criminal courts and civil court if really, he is innocent. Issuance of notice by K.Jayalaxmi regarding the alleged cheating and fraud played by him on her by executing of registered sale deed in between him and K.Jayalaxmi is to be decided by the criminal courts and civil courts not by this consumer forum.
9. This complaint is also not maintainable, as, it is time barred complaint, as the issuance of notice by one K.Jayalaxmi with regard to sale of the plot by him to her, will not create any kind of limitation for him to file this Consumer Complaint. The prescribed period of two years to file Consumer Complaint is from the date of purchase of plot by him i.e from 07-06-1991 and not from the date of issuance of notice by K.Jayalaxmi. Hence on this count also, this complaint is hopelessly barred by limitation.
10. Taking into consideration of over all facts of this complaint, we are of the view that, this complainant approached this Forum only with an intention to over come the notice issued by K.Jayalaxmi to him. No material grounds for him to file this type of complaint. Hence this complaint is dismissed with cost of Rs. 2000/- payable by the complainant to the head of DCF Raichur, accordingly we answered Point No-1 in negative.
POINT NO.2:-
11. In view of our finding on Point No-1, we proceed to pass the following order:
ORDER
This complaint is dismissed U/sec. 12(3) of Consumer Protection Act as not maintainable subject to payment of Rs. 2000/- to the accounts head of the DCF Raichur within one month from the date of this order.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 19-03-12)
Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. Pampapathi,
Member. Member. President,
Dist.Forum-Raichur. Dist-Forum-Raichur Dist-Forum-Raichur.
