Sri B.NARAYANAPPA,

     President

1. The complainant Mrs. Nagamma .G has filed this complaint against opposite party The Commissioner, MUDA, Mysuru  praying to direct the opposite party to issue possession certificate and to execute Registered Sale Deed in respect of site bearing No.342, measuring 40 X 60 feet situated at Hachya Sathagalli A-Zone, Mysuru. Or in the alternative allot same dimension site  close to allotted site and to pay compensation of Rs.5,00,000/- and Rs.5,000/- towards cost of litigation.

2. The brief facts are that:-

The complainant is a handicap lady with an intention to own a plot under the handicap quota offered by the opposite party, submitted an application in the year 1994 for allotment of plotmeasuring 40 X 60 feet.The opposite party agreed to allot a site and allotted a plot measuring 40 X 60 feetin its layout called Hachya Sathagalli A-Zone, Mysuru for total consideration of Rs.1,60,000/-.The complainant had paid entire sale consideration amount of Rs.1,60,000/- to opposite party.Thereafter the opposite party issued allotment letter and remained silent and did not issue the possession certificate and not executed Registered Sale Deed in her favour.Therefore the complainant approached the opposite party and requested to issue possession certificate and execute Registered Sale Deed, but no response from the opposite party.Therefore she caused legal notice dated 06.12.2019 to opposite party in spite of it, the opposite party remained silent.Hence, it is alleged deficiency in service on the part of opposite party.Therefore this complaint is filed seeking necessary reliefs.

3. After registration of this complaint, notice was ordered to be issued to opposite party.  In response to notice opposite party appeared before this Commission and has filed version admitting the payment of Rs.1,60,000/- made by complainant to opposite party and allotment of site No.342 measuring 40 X 60 feet  by opposite party in favour of the complainant and contended that after issuance of allotment letter the complainant had paid an amount of Rs.24,000/- on 08.06.2001.  Further the complainant has applied for NOC to obtain loan from HDFC Bank the day on which the complainant obtained NOC itself the limitation of 90 days got expired.  As per the allotment letter within 45 days of payment of the entire amount of the site one has apply for possession certificate and Title Deed, in case of failure of the same the allotment will be cancelled.  The complainant has applied for the title deed after 8 long years after the expiry of 45 days and the complainant was due to pay site amount of Rs.1,421/- and interest of Rs.2,339/-.  Therefore there is no deficiency in service on the part of opposite party.  Hence, prays to dismiss the complaint.

4. The complainant has filed her affidavit by way of examination in chief the same was taken as PW.1 and got marked Exhibit P.1 to P.10.  On the other hand, the opposite party has filed its affidavit by way of examination in chief same was taken as RW.1  and got marked Exhibit R.1 to 7. 

5. We have heard the arguments of both sides.  Both parties have also filed written arguments

6. The points that would arise for our consideration are as under:-  

1. Whether the complainant proves the alleged deficiency in service on the part of opposite party and thereby she is entitled to the reliefs as sought for?
2.  What order?

7.      Our findings on the aforesaid points are as follows:

       Point No.1 :- Partly in the affirmative;

       Point No.2 :- As per final order for the following

:: R E A S O N S ::

8. Point No.1:-  It is not in dispute that in the year 1994 the complainant applied for allotment of site measuring 40 X 60 feet from the opposite party under handicap quota and had paid sale consideration amount of Rs.1,60,000/- fixed by opposite party.  The opposite party had issued allotment letter as per Exhibit P.2 which clearly depicts that the opposite party had allotted site measuring 40 X 60 feet bearing No.342 for consideration amount of Rs.1,60,000/-.  The complainant got marked receipts issued by opposite party for having paid a sum of Rs.1,60,000/- to the opposite party towards sale consideration.  But in spite of receipt of entire sale consideration amount of Rs.1,60,000/- by the opposite party from the complainant the opposite party did not issue possession certificate in favour of the complainant in respect of the site nor executed the Registered Sale Deed in favour of the complainant.  The request and personal approach made by the complainant with opposite party for issuance of possession certificate and execuctin of Sale Deed in favour of complainant in respect of site bearing No.342, measuring 40 X 60 feet situated at Hachya Sathagalli A-Zone, Mysuru went in vain.  Therefore having no other go the complainant got issued legal notice dated 06.12.2019, the complainant got marked the copy of the legal notice which clearly goes to show that the complainant by issuing legal notice to opposite party called upon the opposite party to issue possession certificate and to execute Registered Sale Deed in her favour in respect of site bearing No.342, measuring 40 X 60 feet situated at Hachya Sathagalli A-Zone, Mysuru.  Despite service of notice upon the opposite party, the opposite party remained silent and not issued possession certificate nor executed Sale Deed in favour of the complainant in respect of the site in question.

9.      When the opposite party had received an amount of Rs.1,60,000/- for allotment of site  bearing No.342 measuring 40 X 60 feet under the handicap quota from the complainant and allotted said site situated at Hachya Sathagalli A-Zone, Mysuru and issued allotment letter.  It is the bounden duty of the opposite party to also issue possession certificate and to execute Sale Deed in respect of site in question in favour of the complainant.  But the opposite party did not do so which is nothing but deficiency in service on the part of opposite party.  Therefore,, we are of the opinion that the opposite party is liable to issue possession certificate and execute Registered Sale Deed in favour of complainant in respect of the site in question and to pay compensation and cost of the litigation.  Therefore , we  answer point No.1 partly in the affirmative.

10.    Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

The complaint filed by complainant is allowed in part.

The opposite party is hereby directed to issue possession certificate and execute Registered Sale Deed in respect of site bearing No.342, measuring 40 X 60 feet situated at Hachya Sathagalli A-Zone, Mysuru in favour of the complainant within 60 days from the date of this order and to pay compensation of Rs.10,000/- and Rs.5,000/- towards cost within the aforesaid stipulated time.

    Furnish the copy of order to both the parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Commission on this the 27^th August, 2021)