ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant against the Opposite Party (herein referred to as OP) under section 12 of the Consumer Protection Act 1986 for the deficiency in service in not executing the Sale Deed and handing over the possession of the site though received the partial consideration Rs.9,60,000/- and for registering the same by executing the sale deed and for interest at 18% per annum on the said amount and for Rs.15,000/- per month as compensation as loss of rent and for compensation of Rs.2,00,000/- for causing  mental agony, strain and cost of the complaint and for such other reliefs as the Hon’ble District Commission deems fit.

2.     The brief facts of the complaint are that; the complainant became a member of the OP’s society by paying the required share fee and membership fee. She also applied for a site to be formed in the layout ‘SUKIBHAVA’ at Indlabele Village, Attibele Hobli, Anekal Taluk formed by OP. The amount fixed was Rs.12,00,000/- for site measuring i.e. 40X60 and site bearing No.A/11149 was allotted to her and she paid Rs.4,80,000/- on 18.08.2006 by way of cheque which was encahsed. She also paid Rs.2,40,000/- on 13.12.2006 and Rs.2,40,000/- on 11.03.2009 and in all has paid Rs.9,60,000/-.  She being a lady invested the hard earned money to own a site. Time and again she approached the OP to execute and register the sale deed. She had to issue a legal notice on 18.02.2019 calling upon the OP to execute and register the sale deed to which OP has issued a reply contending that there is no deficiency in service on their part. Since OP did not execute and register the sale deed in respect of the said site she, could not construct the house and live therein and has to live on a rented house, despite borrowing heavy loan in order to purchase the said site.  Hence the complaint.

3.     Upon service of notice OP appeared before the Commission and filed the objection/version contending that the complaint is not maintainable either in law or on facts. It is misconceived and devoid of merits. It has admitted the complainant becoming the member of the society and seeking allotment of residential site measuring 40X60. The society got approved the layout plan for an extent 4 ½ acres and further submitted the request for conversion of land from agricultural land for residential purpose in respect of 30 acres and expecting the order  in a month or two, and after wards, layout work would be commenced. It has also applied for change of user land to BMRA. It has also admitted receipt of Rs.9,60,000/- from the complainant for the said site. 

4.     The site would be allotted purely on the basis of seniority of members as first come first service basis. The seniority of the complainant is 152 and she will be provided the site at the earliest.  There is no cheating on the part of the society or attempt to cause mental agony and harassment. The legal notice issued by complainant has been properly replied. It is the duty of the OP society to develop the layout and allot the site to its members. There is no delay or negligence on its part. The site value of the said layout has gone up more than two times. Therefore, the complainant is going to be benefited.  OP is going to fulfill the desire of the complainant in allotting the site as early as possible and on seniority.   There is no contract of paying Rs.15,000/ per month to the complainant  compensation and further not liable to pay 2 lakhs as damages and on all these grounds prayed the forum to dismiss the complaint.

5.     In order to prove the case, both parties have filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Parties?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

6.     Our answers to the above points are:-

POINT NO.1 : In the affirmative

POINT NO.2 : Partly in the Affirmative.

                        For the following.

REASONS

POINT No.1:-

7      We have perused the documents produced and also the affidavit evidence adduced. It is not in dispute that the complainant became a member of the OP society and sought for allotment of a site measuring 40X60 for which she has paid Rs.9,60,000 out of Rs.12,00,000/- the sale consideration.  It is also not in dispute that Op has not executed and registered sale deed in respect of the said site by receiving the balance sale consideration. The very fact of Op submitting that he has got the permission to change the user of land from agricultural to residential and expecting to complete the project and that it will allot the site in a couple of months clearly shows that it has not form the layout so for in spite of there is a time gap of 14 to 15 years. It is the bounden duty of the OP to form the layout and allot the site to the complainant by receiving the balance of sale consideration.

8.     In the reply issued by the complainant by the OP, OP has also got the permission on 28.02.2018 in its letter informing the members that the management has successful in getting the plan approved in the 1^st phase and civil work is in progress and expected for the approval of the plan in respect of 41 acres by September 2018.

9.     When all the facts and circumstances are taken in to consideration, there is quite delay in completing the formation of the layout and allotting the site which clearly amounts to deficiency in service. 

10.   On 26.07.2021 the counsel for OP in the open forum along with a memo stated that the society has increased the value of the site by Rs.160 / p sq. ft and if the complainant pays the balance of Rs.6,24,400/-, they will register the site in favour of the complainant. When this is taken into consideration OP want to exploite the complainant’s situation which the law do not permit.

11.   OP is bound to execute the sale deed for the amount of consideration which it had agreed i.e. Rs.12,00,000/- in this case. Since the complainant has already paid Rs.9,60,000/- towards partial advance consideration, complainant is bound to pay the remaining Rs.2,40,000/- to the OP in order to get the sale deed executed and registered in her favour by bearing the registration charges and stamp duty. Hence we hold POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2:

12.   OP is liable to allot the site No.A/11149 in the layout to be formed in the layout ‘SUKIBHAVA’ at Indlabele Village, Attibele Hobli, Anekal Taluk measuring 40X60 for the agreed amount of Rs.12,00,000/-. (OP is directed to issue notice regarding its readiness and willingness to execute the sale deed in favour of the complainant within 3 months from today.  Upon receipt of the said letter from OP the complainant to pay the balance of sale consideration of Rs.2,40,000/- within one month from thereafter.  After receiving the full sale value towards the said site OP is directed to execute and register the sale deed within one month from the date of receipt of the entire sale consideration.) OP is also liable to pay a sum of Rs.25,000/- as compensation for causing mental agony and hardship along with Rs.5,000/- towards litigation expenses. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:

ORDER

1. The complaint is partly allowed with cost.

2. OP i.e. M/s Karnataka Telecom Department Co-operative Housing Society represented by its President/Authorized Signatory is hereby  directed to allot the site No.A/11149 in the layout to be formed in formed in the layout ‘SUKIBHAVA’ at Indlabele Village, Attibele Hobli, Anekal Taluk measuring 40X60 for the agreed amount of Rs.12,00,000/-. OP is directed to issue notice regarding its readiness and willingness to execute the sale deed in favour of the complainant within 3 months from the receipt of this order.  Upon receipt of the said letter from OP, the complainant to pay the balance of sale consideration of Rs.2,40,000/- within one month from thereafter.  After receiving the full sale value towards the said site, OP is directed to execute and register the sale deed within one month from the date of receipt of the entire sale consideration.

4.  OP is also directed to pay a sum of Rs.25,000/- towards as compensation and Rs.5,000/- towards cost of the litigation expenses.

5.    OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this commission within 15 days thereafter.

6. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 24^th day of September 2021)

MEMBER                        PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Original membership receipt

Ex P2 to P4: Three receipt for having paid Rs.4,80,000/-, Rs.2,40,000/- another Rs.2,40,000/-

Ex. P5: Copy of the broucher and letters written by OP.

Ex P6 and P7: Copy of the legal notice and the reply

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri VJK Bakthavakchalam, President of OP society.

Copies of Documents produced on behalf of Opposite Party/s

- Nil -

MEMBER                        PRESIDENT

RAK*