IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 429/08 DATED 17.02.2009<br /> <br /> ORDER<br /> <br /> Complainant Smt.Jillis D Silva, C/o Sallak Printers, Hillway, Capitanio School Road, Pump Well Circle, Mangalore.<br /> (By Sri.Shashidhar., Advocate)<br /> <br /> Vs. <br /> Opposite Party President, Mysore District Teacher’s House Building Co-operative Society Ltd., Dr.S.Radhakrishna Nagar Teacher Layout, Mysore-570001.<br /> (By Sri.B.Dodda Veeregowda., Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 30.12.2008<br /> Date of appearance of O.P. : 20.01.2009<br /> Date of order : 17.02.2009<br /> Duration of Proceeding : 27 DAYS<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the complainant in brief is, that she has been allotted a site by the opposite party measuring 40’ x 50’ by also executing a lease cum sale deed. But, when the opposite party delivered possession, has delivered possession of the site measuring 40’ x 30’ as against 40’ x 50’ and therefore the complainant has prayed for a direction to the opposite party for issuing sale deed and possession of site measuring 40 ‘ x 50’ by allotting an alternative site and to grant such other reliefs.<br /> <br /> <br /> 2. The opposite party represented by the counsel have filed their version admitting executi9on of a lease cum sale deed in respect of a site measuring 40’ x 50’ in favour of the complainant and issue of possession certificate to an extent of 40’ x 30’ only by further contending that after the formation of the layout, the Mysore Urban Development Authority has acquired a portion of the site allotted to the complainant for expansion of the road, as the result the dimension of the site allotted in favour of the complainant is reduced and the counsel for the opposite party in the course of arguments fairly conceded that the opposite party will refund the excess sital value taking into consideration the site allotted to the complainant only measures 40’ x 30’.<br /> <br /> <br /> 3. We have heard the counsel for both the parties. In the course of arguments when the offer made by the counsel for the opposite party was put to the counsel for the complainant he agreed for refund of the excess sital value, but further submitted for directing the opposite party to pay interest on that excess amount and also a direction to the opposite party to execute the rectification deed.<br /> <br /> 4. The counsel appearing for the opposite party argued as a result of expansion of the road abertting the complainant’s site it has gained added advantage and its value has gone up and as the complainant did not ask for refund of money at any stage she is not entitled for interest. However, the learned counsel further submitted rectification deed cannot be executed now because what has been executed in favour of the complainant is only lease cum sale deed and whenever the title deed is executed in favour of the complainant, the title deed transferring title to the site measuring 40’ x 30’ will be executed and therefore submitted, with this, the complaint can be disposed off. The counsel for the complainant concedes for the same. Hence, we pass the following order:-<br /> <br /> <br /> ORDER<br /> <br /> <br /> 1. The Complaint is allowed in part.<br /> <br /> 2. The opposite party is directed to refund the excess sital value taking into consideration, the cost of the site measuring 40’ x 30’ to the complainant within 60 days from the date of this order, failing which the opposite party shall pay interest at 12% p.a. from the date of this order till the date of payment.<br /> <br /> 3. On the complainant giving a representation to the opposite party whenever the time matures for execution of title deed of the allotted site in favour of the complainant, the opposite party shall execute title deed transferring title to the site measuring 40’ x 30’ only by way of a correction.<br /> 4. The opposite party shall also issue a rectified possession certificate in favour of the complainant.<br /> <br /> 5. Parties to bear their own costs.<br /> <br /> 6. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 17th February 2009)<br /> <br /> <br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />