Sri. Ashok Kumar J.Dhole<br /> President,<br /> <br /> 1. This Complaint is filed under section 12 of the Consumer Protection Act, 1986 seeking direction to the Opposite Party for allotment of a site measuring 30ft x 40ft on the ground of deficiency in service. The Complainant has also claimed damages of Rs.3,00,000/- for mental agony and cost of Rs.20,000/- apart from the main relief.<br /> <br /> 2. Notice was duly served, and the Opposite Party contested the matter by filing a Version. Both parties have filed the respective affidavits. The Complainant was examined as CW-1. The Opposite Party has not examined any witness, but produced original files for perusal of the Forum. Heard the Learned Counsels for both sides. <br /> <br /> 3. At the outset, we may like to mention that this is a clear case of deficiency in service, because site No.253 situated at Vijayanagar, 4th Stage was allotted to the Complainant and she had paid the entire amount of Rs.35,000=00. Inspite of this fact, this site was registered in the name of one Jayamma W/o Lingaiah and title deed was also issued in her favour on 07.12.2001. It is a case of mistaken identity, due to negligence of staff of Opposite Party. It is nodoubt true that Jayamma W/o Lingaiah was also an allotted of another site, but due to mistake of the Opposite Party, the site which was allotted to the Complainant was given to the said lady.<br /> <br /> 4. It is an admitted fact that the Complainant Jayamma W/o Krishna initially applied for allotment of a site measuring 25ft x 30ft on 22.03.1989 by submitting her application No.027855, which was registered No.46723. As per the receipts which are produced by the Complainant, she paid Rs.1,457=00 towards initial deposit and Rs.100/- towards registration fees. But, as per the records produced by the Opposite Party the initial deposit is shown as Rs.2,500=00. Whatever it may be, there is no dispute that the Opposite Party issued a letter of allotment dated 12.10.1998 allotting a site No.253 measuring 30ft x 40ft for Rs.35,000=00. After deducting the initial deposit of Rs.2,500=00 she was directed to pay the balance amount of Rs.32,500=00.<br /> <br /> 5. The Complainant has produced original receipts which are not disputed by other site and the receipts are sufficient to prove that the Complainant paid the entire amount of Rs.32,500=00 prior to 22.09.1999. The details are as under:<br /> <br /> Sl.No. Date Challan No. Amount<br /> 1. 10.11.1998 073779 5,250/-<br /> 2. 16.12.1998 067845 3,500/-<br /> 3. 07.01.1999 061526 5,000/-<br /> 4. 21.01.1999 056907 5,000/-<br /> 5. 28.01.1999 048596 5,000/-<br /> 6. 08.02.1999 062841 5,000/-<br /> 7. 22.02.1999 070272 3,750/-<br /> TOTAL 32,500/-<br /> <br /> 6. It is contended by the Opposite Party that this Complaint is not maintainable, as notice under section 64 of Karnataka Urban Development Authorities Act was not issued. It is also contended that there is no deficiency in service and this Complaint is barred by time.<br /> <br /> 7. Points for our consideration are as under:-<br /> 1. Whether the Complainant has proved that there is deficiency in service on the part of the Opposite Party?<br /> <br /> 2. If so to what relief she is entitled?<br /> <br /> 8. Our findings are as under:-<br /> <br /> 1. Point No.1 : Affirmative.<br /> 2. Point No.2 : As per final Order.<br /> <br /> REASONS<br /> <br /> 9. POINT NO.1:- During the course of argument, the Learned Counsel for the Opposite Party has farley admitted that the site which was allotted to the Complainant was mistakenly registered in favour of Jayamma W/o Lingaiah. He has also produced certified copy of the Sale Deed Executed by the Opposite Party in respect of site No.253. This document was executed on 10.12.2001. Under such circumstances, there is no meaning in cancellation of that Sale Deed and directing the Opposite Party to allot the same site to the Complainant. It is stated by the Opposite Party that Jayamma W/o Lingaiah was also an Applicant and she was entitled for allotment of a site. Such act of the Opposite Party in overlooking the allotment letter in favour of the Complainant dated 12.10.1998 and subsequent payments of the entire amount; prior to 22.02.1999 amounts to deficiency in service. The Complainant who is a poor lady is entitled for allotment of a site measuring 30ft x 40ft as she has already paid the entire amount on the same Terms and Conditions which are mentioned in the original letter of allotment.<br /> <br /> 10. It is important to note that the site value and the cost of construction has gone up from the year 1998 up to 2006. The Complainant paid the entire amount in the year 1999, but she could not get a site even in the year 2006. This is unfortunate incident, where the Complainant has to suffer mental agony due to the act of the Opposite Party. Having regard to the facts and circumstances, we propose to give 6 months time to Opposite Party for such allotment in favour of the Complainant, failing which she would be entitled to receive damages for mental agony. <br /> <br /> 11. In case of default on the part of Opposite Party, the Complainant is bound to suffer in calculable damage. She has paid the full consideration amount of Rs.35,000/- in the year 1999 and wait for more than 7 years. Having regard to this fact, the increased cost of construction, and the cost of alternative site to be purchased in the market, we fix the damages at Rs.4 lakhs. Similar amount of damages or fixed in other cases also, where site measuring 30ft x 40ft was not allotted to the Complainants due to default on the part of the Opposite Party. Anyhow in such case, the Complainant is not entitled to claim refund of Rs.35,000/-, or interest thereon. <br /> <br /> 12. Hence, we proceed to pass the following Order:<br /> <br /> ORDER<br /> <br /> 1. Complaint is allowed as under.<br /> 2. The Opposite Party is directed to allot a site measuring 30ft x 40ft to the Complainant in a similarly developed locality, within a period of 6 months from the date of this Order; On the same Terms and Conditions as per original letter of allotment. Complainant shall incur registration and other charges.<br /> 3. The Complainant is entitled to receive cost of Rs.2,000=00 from the Opposite Party.<br /> 4. In case, the Opposite Party fails to allot a site as mentioned above, and deliver possession of the same to the Complainant, the Complainant is entitled to receive an amount of Rs.4,00,000/- (consolidated) from the Opposite Party with cost of Rs.2,000/-.<br /> 5. If Opposite Party fails to pay this amount of Rs.6,00,000/- on the stipulated date, Complainant would be entitled for future interest at the rate of 9% p.a. from such date, till the date of payment. <br /> 6. Give a free copy of this Order to both parties according to Rules.<br />