BEFORE THE ADDITIONAL BENCH DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT MYSURU.

Consumer Complaint (C.C.)No. 1511/2016

Complaint filed on 07.10.2016

Date of Judgement.10.05.2017

PRESENT                                : 1. Shri Ramachandra  M.S.,  B.A., LL.B.,

                                                        PRESIDENT

                                       2. Shri  Thammanna,Y.S., B.Sc., LL.B., 

                                           MEMBER

Complainant/s               :                 1. Sri . J Venugopal

S/o Late Jayaramanna

                                                           Aged about 49 years,

R/at No. 44, 2^nd cross, 3^rd main,

5^th stage, 1^st phase, BEML layout,

Rajarajeshwarinagar,

Bengaluru-560098.

                                                         (Sri. V.S. Siddanaika ., Advocate)

V/s

Opponent        /s                     :       1. Mysuru Division State Government.,

                                                          Employees welfare society(R)

                                                        Office Sarkari Noukarara Bhavana , Karnataka State Government,

                                                       Employees Association, District Branch, Dhanavanthri road,

                                                       Mysuru-570001.

                                                          (Sri     O.Shama Bhat ., Advocate)                                                  

SHRI RAMACHANDRA . M.S.,

 PRESIDENT

JUDGEMENT

The complaint filed under section 12 of Consumer Protection Act seeking  for the relief of refund deposited amount and other relief as prayed in complainant.

2. The brief facts of the complainant is that the complainant became the member by buying share of the opposite party society to get the allotment of site  measuring 30 X40 situated Belavadi village, Mysuru, taluk, which is formed, by the opposite party society. Complainant has paid 1^st instalment amount of Rs. 50,000/-subsequently complainant has totally paid a sum of Rs. 4,68,000/- on 12.07.2014 opposite party issued temporary allotment letter pertaining to allotted site No. 175, measuring 30 X40 situated at  Belavadi village, Mysuru, taluk, in spite of full payment opposite party has failed hand over possession of said site and deliberately the opposite party did not execute sale deed in respect of the said site. Wherefore the complainant prays this forum to refund the deposited amount and compensation other reliefs a prayed in complaint.

3. The notice to the opposite party duly served  represented by counsel and filed version they contended that the developer had not actually delivered site no 175 to the opposite party society in the right of the said the opposite party has given a reply to the complaint that they are ready to give alternative site to the complainant. In the mean developer has come forward to deliver the site no 175 as per the agreement. As such now the opposite party is ready to execute the sale deed in respect of site no 175 in view of these the opposite party has denied all other allegation and submits there is no deficiency in service on their part and prayed for the dismissal of complainant against him.

4. Both the complainant and opposite party filed examination in chief affidavit and also filed documents, perused written arguments heard oral arguments reserved for orders.

05. The points that arise for our consideration are;-

1. Whether the complainant proves that there is deficiency in service on the part of opposite party by not allotting site to complainant and thereby  prove that he is entitle for the relief sought?

2. What order?

06. Our answer to the above points is as follows;

Point No.1:  In the Affirmative.

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

REASONS

07 . Point No.1:- that the complainant is the member of opposite party society by availing share and membership of society with an intention to purchase site from the opposite party and advance amount is also paid to opposite party, towards the consideration of site measuring 30X40 feet,  further opposite party has issued a temporary allotment letter in respect of site  no 175 Belavadi village , mysuru taluk, later the complainant has paid the entire sale  consideration amount of Rs. 4,68,000/-to the opposite party as agreed on instalment there after opposite party was not able to execute the sale deed in respect of said site, as the developer with  whom opposite party has entered  in to an agreement for development of site. Since there is inordinate delay by the developer to form the layout and complete the work under such circumstance there is  delay to allot the site to the complainant.

8. Further complainant had made several visits and requested the opposite party to allot the site as agreed by them, For which opposite party has explained his difficulties due to which they are not able to execute sale deed and opposite party has offered alternative site to complainant for which they demanded additional amount, The complainant refused to pay and requested the opposite party to allot the site in the same layout, for which they received entire sale consideration.

9. Here all these facts, events and payments is also admitted by opposite party and it is an un disputed fact between complainant and opposite party. Further the only defence taken by opposite party is due to un avoidable reasons, they were not able to execute sale deed in favour of complainant. In respect of said site.

10. Further opposite party even under takes to allot alternative site to complainant  even today this attitude of opposite party shows the bona fide and their willingness to accommodate site to their respective members like complainant in the complaint.

11. Further complainant is not ready and willing to accept alternative site which is offered by opposite party   he prayed for refund of deposited amount of Rs. 4,68,000/- along with other reliefs.

12. Thereafter it is also observed from the perusal of documents and letters that the complainant has delayed all the instalment payments which shows that the complainant has not made the payments well within time  as prescribed by the opposite party. This shows the conduct of complainant in spite of it even though there is delay in payment, finally the complainant has paid the entire sale consideration amount to the opposite party society.

13. Wherefore in view of above discussion we are of the opinion that the complaint has proved the deficiency in service on the part of opposite party for which opposite party is liable to pay the lawful claims of complainant.

14. According to this forum we answered Point no.1 in the affirmative. and pass the following:

15. Point no.2:- For the above discussion we here by proceed to pass the following:

ORDER

1. The complaint is hereby allowed in part.
2. The opposite party is directed to refund amount of Rs. 4,68,000/-to the complainant  within 60 days of this order with interest at the rate of 15% p.a from the date 12.07.2014 to till payment made.
3. The opposite party is directed to pay compensation of Rs. 2,00,000/- and Rs. 5,000/- towards cost of proceedings to the complainant within 60 days of this orders.
4. In default to comply the above order opposite party shall pay interest on the said amount of 2,05,000/- at the rate of 10% p.a. from the date of order till payment made.
5.  In case of default to comply this order, the opposite party shall     undergo imprisonment and also liable for fine under section 27 of     the CP Act, 1986.

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

(Dictated to the stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on the 10^th    May 2017)  

Shri Thammanna Y.S.,                                 Shri Ramachandra M.S.,    

          Member.                                                             President.