BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.76-2015

DATED ON THIS THE 19^th February 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, against the opposite party, seeking a direction to issue possession certificate and title deed in respect of the site No.4818, measuring 30 x 40 ft, situated at Sathagalli 2^nd Stage, Mysore and compensation for the mental agony and such other reliefs.
2.     The complainant intending to buy a residential site from opposite party, deposited the amount.  Opposite party sanctioned a site bearing No.4818 on 29.08.2000.  The balance sale consideration was deposited on various dates.  In spite of repeated demands, the opposite party did not issue the possession certificate and title deed to complainant.  The opposite party informed the complainant that, the site sanctioned has been cancelled, for non-payment of the amount within the stipulated date.  Aggrieved by the reply, the complainant alleging the deficiency in service and unfair trade practice filed the complaint seeking the reliefs.
3.     The opposite party in its version, submits that the complaint is barred by limitation and denied the allegations as false.  The opposite party admitted the allotment of site in favour of the complainant.  On failure to pay the balance sale consideration, in accordance with the terms and conditions of allotment letter dated 29.08.2000, the opposite party had cancelled the site on 12.06.2003. Hence, there is no deficiency in service and as such, complainant is not entitled for any of the reliefs as sought and prays for dismissal of the complaint.
4.     To prove the facts, the complainant filed affidavit along with documents.  The opposite party also filed affidavit with documents. Both parties filed written arguments.  On hearing the oral submissions, the matter posted for orders.
5.      The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service and unfair trade practice by opposite party, in not issuing the possession certificate and title deed and thereby entitled for the reliefs sought?
2.  What order?

6.    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 ::

7.    Point No.1:- The complainant got registered by depositing the fee, for allotment of a site from opposite party. A site bearing No.4818, measuring 30 x 40 ft, situated at Sathagalli 2^nd Stage, has been allotted on 29.08.2000 and informed to pay the balance sale consideration.  The complainant deposited `8,250/- on 07.12.2000 and `44,250/- on 28.11.2002 to the opposite party.  Subsequently, the opposite party demanded for interest of `11,000/- and same has been deposited on 31.03.2003.  The opposite party did not come forward to issue possession certificate and title deed, in spite of repeated demands, for obvious reasons.  The opposite party vide letter dated 30.08.2014, informed that the site allotted has been cancelled on 12.06.2003, for non-payment of the sale consideration.  The complainant submitted that, he had already deposited the amount in 2002, as demanded by opposite party.  As such, alleged the unfair trade practice and non-issuance of possession certificate and title deed in his favour, have been alleged as deficiency in service, by opposite party.
8.    The opposite party admitted the allotment of site bearing No.4818, measuring 30 x 40 ft, situated at Sathagalli 2^nd Stage, Mysore on 29.08.2000 for a sum of `55,000/-.  The complainant failed to pay `4,690/- despite of notice dated 04.04.2003, within 30 days of service of the notice.  Due to non-payment of balance amount, within the stipulated time, the opposite party authority cancelled the site on 12.06.2003.  Subsequently, on demand to issue the possession certificate and title deed on 28.07.2014, the opposite party issued an endorsement dated 30.08.2014 stating on failure to pay the balance, the allotment of the site has been cancelled on 12.06.2003.  The complainant has suppressed the facts and made allegations to make unlawful gain.  Hence, prayed for dismissal of the complaint with costs.
9.    The material on board, reveals the payment of registration fee with initial deposit of `2,750/- on 18.02.1991 and sale consideration of `8,250/- on 07.12.2000, `44,250/- on 30.11.2002, sanction letter dated 29.08.2000, receipt of `11,000/- on 31.03.2003 towards interest by complainant.
10. The opposite party got issued a cancellation letter on 02.12.2002 and informed that, due to non-payment of balance amount of `14,730/- within 30 days of the notice dated 01.08.2002, the allotment of site had been cancelled.  Subsequently, final notice dated 28.12.2002, had been issued and demanded for deposit of the balance amount of `14,730/- within 7 days, on failure to pay the allotment of site will be cancelled.  In spite of the above final notice, another cancellation letter dated 12.06.2003 had been issued, alleging the non-payment of balance amount of `4,690/- towards the site within 30 days with reference to the notice dated 04.04.2003.
11. However, the opposite party fail to place material, for having demanded the complainant by notice, to pay the balance sale consideration.  It is true that the complainant had deposited a total sum of `66,000/- upto 31.03.2003 as against the site value of `55,000/- along with interest.  The complainant had deposited the amount before issuance of the cancellation letter dated 02.12.2002.  Therefore, there is no lapses on the part of the complainant.  Hence, we opine that the opposite party is bound to allot the site bearing No.4818, measuring 30 x 40 ft., at Sathagalli 2^nd Stage, Mysore, in accordance with the sanction letter dated 29.08.2000 and issue possession certificate and title deed.  Accordingly, the point No.1 is answered partly in the affirmative.
12. Point No.2:- In view of the above observations, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to allot the site No.4818 measuring 30 x 40 ft., situated at Sathagalli 2^nd Stage, Mysore, in favour of the complainant and issue possession certificate and title deed, within 60 days of this order.
3. The opposite party shall pay sum of `10,000/- towards compensation for the mental agony, hardship and inconvenience caused and `2,000/- deficiency in service, to the complainant within 60 days of this order.
4. In default, the opposite party shall pay penalty of `100/- per day to the complainant, until compliance made.       
5. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.

Give the copies of this order to the parties, as per Rules.