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

DATED 24^TH DAY OF FEBRUARY 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 this complainant a sum of Rs.9,72,158/- towards expenses forced on this complainant, which is inclusive of interest payable @ 18% p.a., from the respective dates of incurring the expenses till September 2022.
2. Direct the OP to pay to this complainant compensation of Rs.4 lakhs towards the mental agony, financial and physical torture enforced and undergone;
3. Any other reliefs towards mental agony and torture.

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

The complainant has purchased the corner site bearing No.45 in an auction conducted by the OP in public auction process of corner sites as per the MUDA newspaper notification dated 12.11.2006 and obtained the registered sale deed dated 14.05.2007.  After complying with all the requirements the OP had opened a khata on 14.06.2007 in the name of the complainant and the complainant has been regularly paying annual site tax from 2007-08 to 2019-20.

3. The complainant after his retirement during 2019 he has visited the site to plan up for his much awaited house construction.  He was shocked when he has seen that one Mr.B.P.Chittiappa had constructed a house on the site allotted to him and he had acquired the site in a re-auction notification of the OP dated 09.11.2016.  The same site No.45 which was already sold to this complainant had been very clearly included for auction, wherein the said Mr.Chittiappa was the highest bidder and accordingly an absolute sale deed was executed in his favour by OP on 09.03.2007.

4. After that the complainant has visited the OP and made innumerable correspondences and visits and finally the OP allotted an alternative site bearing No.63 of lessor dimension and the registration charges of this site was also thrust on this complainant in addition to the registration and cancellation charges of first site No.45. Inspite of being lawful and legal owner for 118 months the complainant site was snatched away at a wrong period in his life.  

5. It is further case of the complainant that in view of the negligent acts of the OP this complainant was put to lot of unwanted and unwarranted mental agony, frustration and torture.  The complainant was made to spent totally Rs.13,72,158/- for obtaining the absolute sale deed in respect of new site and cancellation of sale deed of old site and in addition to this he has spent amount towards change of khata and also payment of annual property tax and further for oral and written request to OP.

6. It is further case of the complainant that for a similar error committed by the OP recently direction were issued by the Hon’ble Mysore DCDRC directing the OP to return the expenses incurred by the complainant towards the first registration its subsequent cancellation and site taxes and khata charges.  When the complainant requests for refund of the amount was not honored by the OP he has got issued a legal notice. Inspite of service of the notice the OP have neither complied nor replied to the notice and they have not taken any action for the compliance of the request of the complainant. Hence the complainant has filed this complaint.

7. Inspite of service of the notice, OP remained absent. Hence OP placed exparte.  

8. The complainant has filed his affidavit evidence and relies on 40 documents. 

9. Heard the arguments of the complainant.  

10. The following points arise for our consideration as are:-

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

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

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

12. 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 and documents 1 to 40.

13. The evidence and documents filed by the complainant remained unchallenged and there is no reason to disbelieve the evidence of complainant and document No.1 to 40.

14. It is clear from the evidence and documents relied on by the complainant, that he had purchased site No.45 of Bogadi, measuring 169.40 sq. mtrs in the open public auction notification of corner site on 12.11.2006 as per document No.1.  The complainant being the highest bidder he had submitted his application for bidding as per document No.2 on 08.12.2006. The complainant being the highest bidder on the public auction held on 08.12.2006 has deposited initial amount of Rs.5,20,100/- as per the directions of the OP and he has produced document No.3. The OP had accepted this highest bidding of Rs.18,23,000/- confirm the site in his name as per document No.4 and directed him to pay the balance amount of Rs.13,03,000/- within 45 days as per document No.5.

15. The complainant has paid the entire sale consideration amount and OP got the site registered in his name vide sale deed dated 15.05.2007 as per document No.7.  After complying all the requirements the OP has made the khata in the name of the complainant on 14.06.2007 as per document No.11 and eversince the complainant has been paying regularly annual taxes from 2007-08 till 2019-20 as per document No.12.

16. The complainant has visited the site after his retirement in the year 2019 and came to know that one Mr.B.P.Chittiappa had constructed a house in his site and the said Mr.B.P.chittiappa acquired it in a re-auction notification of the OP dated 09.11.2016 as per document No.13.  After verification of the documents the complainant came to know that the site No.45 which was already sold to this complainant by the OP has been very clearly included for auction dated 09.11.2016 as per document No.13, wherein the said Mr.Chittiappa was the highest bidder and after accepting his bid the OP have executed an absolute sale deed in respect of his site No.45 on 09.03.2017 as per document No.14.

17. In view of this the complainant was forced to bear the expenses towards the registration fees, stamp duty charges for the original site its cancellation in addition to the expenses towards khata change annual taxes and again registration expenses for the new site and further he has to bear the expenses for the oral and written request to the OP.  The complainant has again requested the OP to bear the aforesaid charges as he lost the site purchased by him in view of the negligent act of the OP and his request was not at all entertained by the OP authorities. At last he got issued legal notice as document No.38 and 39 and inspite of service of the notice, the OP neither compiled nor replied to the notice.  

18. The complainant has also produced the list of expenses made by him for registration of the earlier sale deed relating to site No.45 and khata and annual tax paid to the OP and the transportation charges after he lost his site and to meet the OP at Mysore from Bangalore and also the incidental expenses and further he has to spent amount to get the absolute sale deed relating to new site and further he has to bear the expenses for cancellation of earlier sale deed and also he has claimed Rs.4,00,000/- towards mental agony torture and financial hardship faced by him.  The complainant has totally claimed Rs.13,72,158/-.

19. Even though the complainant has requested the OP for refund of the aforesaid amount they have neither complied nor refund the amount.  The OP have committed deficiency of service and also fraud in including the site already sold to the complainant in the second auction conducted by them in the year 2016.  In view of this the complainant has lost his site and also he was put to untold mental agony and frustration and financial loss. The complainant was made to face all these illegal activities of the OP after he retired from his service in the year 2019. Under these circumstances the complainant has clearly established the deficiency of service and negligence and fraud played by the OP and they are liable to refund the amount spent by the complainant for getting the absolute sale deed in respect of site No.45 and the amount spent for cancellation of the said deed and the amount spent for getting the new sale deed in respect of site No.65 for the lessor dimension ad also khata charges and annual property tax paid by him and traveling and other expenses amounting to Rs.9,782,158/-.  In addition to this the complainant is also entitled for Rs.2,00,000/- for the mental agony, torture and financial loss faced by him in view of the fraudulent act committed by the OP.  Hence the complainant has clearly established the deficiency of service, negligence on the part of the OP and hence he is entitled for the relief claimed in this complaint.   Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

20. Point No.3:- In view the discussion referred above the complaint is liable to be allowed in part with a direction to the OP to pay a sum of Rs.9,72,158/- with interest at 10% p.a., from the respective dates of incurring expenses till realization towards the unnecessary expenses made by the complainant in view of the illegal and negligent act of the OP and the complainant is also entitled for compensation of Rs.2,00,000/- for mental agony and torture and Rs.10,000/- towards litigation expenses and we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to pay Rs.9,72,158/- with interest at 10% p.a., from the respective dates of incurring expenses till realization to the complainant.
3. OP is further directed to pay Rs.2,00,000/- to the complainant with litigation expenses of Rs.10,000/- to the complainant. 
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.9,72,158/- till final payment.
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 24^TH day of FEBRUARY, 2023)

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

Documents produced by the representative of opposite party;

NIL