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 407/08 DATED 26.02.2009<br /> <br /> ORDER<br /> <br /> Complainant K.S.Jayappa, <br /> S/o K.Shivalingappa, Assistant Commissioner of Commercial Tax, (Secret Information and Co-ordination), Sales Tax Commissioner Officer, 4th Floor, Sales Tax Department, Gandhinagar, Bangalore-560009.<br /> (By Sri.K.P.Mallikarjuna., Advocate)<br /> <br /> Vs. <br /> Opposite Party The Commissioner, Mysore Urban Development Authority, J.L.B. Road, Mysore-570024.<br /> (By Sri.M.R.S.K., Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 18.12.2008<br /> Date of appearance of O.P. : 23.01.2009<br /> Date of order : 26.02.2009<br /> Duration of Proceeding : 1 MONTH 3 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 who has come up with this complaint in brief is, while he was working in Mysore during the year 1989 he had applied for allotment of a site measuring 50’ x 80’. Accordingly on 31.07.1998 the opposite party had allotted site No.794 at 4th stage, 1st phase of Vijayanagar fixing the sital value at Rs.1,77,700/-. He had at the time of registration as an applicant paid the fixed partial amount of Rs.42,300/-. Thereafter he was transferred from Mysore, thus he went on giving the change of address to the opposite party from time to time. That he has complied all the formalities of allotment of the site. He received a letter of cancellation dated 06.12.2004 from the opposite party unilaterally canceling the allotment of site until then the opposite party had not given any intimation or notice to him. The notices said to have been given by the opposite party on 20.11.2002 and 10.11.2004 have not reached him. Therefore, the cancellation of allotment of site has caused mental agony to him. That on 18.09.2008 the opposite party informed him to produce all the relevant documents to him, accordingly he furnished them on 25.09.2008, but the opposite party on 23.10.2008 gave a reply stating that they cannot re-consider the order of canceling the site, then he got issued a legal notice on 18.11.2008 served on the opposite party on 22.11.2008 and therefore has prayed for a direction to the opposite party to recall the cancellation order and to allot the said site to him. <br /> <br /> 2. The Opposite party has filed version through their advocate admitting to had allotted site bearing no.794 as claimed by the complainant, but stated that sital value was fixed at Rs.2,20,000/- and as admitted by the complainant on 06.12.2004 for non-payment of the balance sital value, the allotment came to be cancelled and stated that the complainant has not filed the complaint within 2 years from 06.12.2004 on which date allotment was cancelled. Further denying that the complainant had given his change of address from time to time has stated, despite issue of intimation on 26.08.2000 and 22.11.2002, the complainant has not paid the balance amount, therefore the order of cancellation came to be passed and thereby he has prayed for dismissal of the complaint. <br /> <br /> 3. In the course of enquiry into the complaint, the complainant and the Regional Officer of the opposite party have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant has produced a copy of the allotment letter, copies of receipts under which he had paid initial deposit and copies of certain correspondences that took place between the parties with the copy of the legal notice. The opposite party has produced copies of notices he had sent to the complainant informing the complainant to pay the balance sital value on 20.11.2002 and 10.11.2004 and copy of the order of cancellation of allotment dated 06.12.2004. Heard the counsel for both the parties and perused the records.<br /> <br /> 4. On the above contentions, following points for determination arise.<br /> 1. Whether the complainant proves that the opposite party has without intimating him, unilaterally has cancelled the allotment and thereby caused deficiency in his service?<br /> <br /> 5. Our findings are as under:-<br /> Point no.1 : In the Negative.<br /> Point no.2 : See the final order.<br /> <br /> REASONS<br /> <br /> 6. Point no. 1 :- The fact that the complainant was allotted site no.794 of Vijayanagar 4th stage, 1st phase measuring 50’ x 80’ for a total sum of Rs.2,20,000/- and that the complainant was served with this allotment letter is not in dispute. It is further seen from this allotment letter, the complainant besides immediately was equired to pay Rs.33,000/- was also required to pay the balance of Rs.1,77,700/- within 90 days from the date of receipt of the allotment letter, but the complainant admittedly has not paid that amount. Thereafter, the opposite party shown to have passed an order canceling the allotment on 06.12.2004. The complainant in para 6 of his complaint and in his affidavit evidence also admitted to had received this cancellation order dated 06.12.2004 but, he has no where stated to had not received that cancellation order in the year 2004 and having had received at later stage. Therefore it is manifest that the complainant had received the cancellation order somewhere during December 2004 itself. The complainant thereafter, found to had kept quite for all these years and for the first time through a legal notice dated 18.11.2008 rake up the matter requesting the opposite party to reconsider the order of cancellation and when the opposite party declined to consider the request of the complainant, which was the belated one has come up with this complaint on 18.12.2008. The complainant has not offered any explanation nor has filed an application for condonation of delay in presenting this complaint. Therefore, having regard to the fact that the complainant had been served with the order of cancellation, canceling the site during December 2004 itself cannot maintain this complaint after lapse of nearly 4 years. Therefore, the complaint in our view is barred by limitation as contemplated under section 24 (A) of the Consumer Protection Act and the same is liable to be dismissed on that ground alone.<br /> <br /> 7. Coming to the merits of this case as already stated by us, the complainant has admitted to have not paid the balance sital value as indicated in the allotment letter and even subsequently. The complainant through his letter dated 28.11.2006 addressed to the opposite party has stated that due to unavoidable reasons he could not pay the entire sital value and thus requested to grant time to pay the balance sital value. Even in this letter, the complainant has refer to the order of cancellation issued by the opposite party and sent to him canceling the allotment. Therefore, the complainant even after receipt of the order of cancellation, canceling the site allotted in his favour on 06.12.2004 itself made a representation to the opposite party on 28.11.2006 admitting to had not paid the full sital value. Hence, it is evident that the complainant had not paid the full sital value as expected of him.<br /> <br /> 8. The opposite party has after coming to know that the complainant had not paid the balance sital value as required under the allotment letter, addressed a letter on 20.11.2002 to the complainant calling upon him to pay the balance sital value within 30 days from the date of receipt of this letter failing which the allotment will be cancelled. Again, when the opposite party did not receive any response from the complainant, issued another letter on 10.11.2004 in the same lines cautioning the complainant of canceling the allotment if the balance sital value is not paid. Both these letters are addressed to the complainant to his office address addressing to Administrative Office, Commissioner of Commercial Taxes, 1st Division, Bangalore-9, as given by him through his letter dated 23.05.2002 and 14.09.1998 with little variance in designation. The complainant has no where either in his complaint or in his affidavit evidence has stated that address given in the letters of the opposite party dated 20.11.2002 and 10.11.2004 are not correct. Therefore, when the complainant has not disputed the address as found in 2 letters of the opposite party, in the usual course when those two letters of the opposite party addressed to a correct person to his correct office address deemed to have been served, therefore under these circumstances a mere denial of receipt of these letters by the complainant cannot be accepted. When admittedly the complainant had not bothered to pay the balance sital value as intimated in the allotment letter and even after he received the order of cancellation of the allotment of site, he only took up the matter for the first time with opposite party by his representation dated 28.11.2006. That being so, the complainant it is found to had acquired of the issue and never followed it thereafter. Even, then the opposite party addressed 2 letters to the office address of the complainant giving him two opportunities to pay the balance sital value and when the complainant did not respond the opposite party left with no option canceled the allotment vide his order dated 06.12.2004. As such that act of the opposite party cannot be called as deficient. We, under these circumstances, find no merits in this case and hold that the complaint is liable to be dismissed and therefore we answer point no.1 in the negative and pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is dismissed.<br /> 2. Parties to bear their own costs.<br /> 3. 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 26th 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 />