BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1574/2016

DATED ON THIS THE 26^th May 2017

      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 H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to opposite parties to register site No.9 in Survey No.52/1 of Lingambudhi Village and also for compensation and litigation expenses.
2.     The brief facts alleged in the complaint are that the opposite parties have collected entire sale consideration relating site No.9 measuring 20 x 30 ft. in Survey No.52/1 of Lingambudhi Village and assure to register the sale deed after getting the approved plan from the competent authorities.  In spite of several letter during April and June 2016, the opposite parties did not take action and directed the complainant to pay additional amount though the complainant was ready with stamp duty and registration charges by means of D.D., the opposite parties did not consider the seniority of the complainant and allotted 60 sites to 60 persons and thereby, deficiency of service on the part of opposite parties.  As such, the complainant has sought for direction to the opposite parties to register the site No.9 in Survey No.52/1 of Lingambuhi Village.
3.     Opposite parties are appeared through their advocate and filed the following version:- The averments made in the complaint are partly admitted and partly denied.  Complainant has suppressed the fact that he is an associated member in the opposite parties society.  It is admitted that society has developed the layout at Lingambudi village.  It is false to allege that the opposite parties have not registered sale deed to the complainant.  The opposite parties have allotted the sites to the associated members on the seniority basis in the first stage.  Thereby, site No.9 allotted and registered in the name of S.Pooja who is senior associat member and executed the sale deed in favour of said S.Pooja.  The complainant enrolled as the associated member on 13.03.2013 for the second stage i.e. Dhangalli layout.  The complainants name stands in the 4^th serial number in the associated members list and the society will allot the site to him in the Dhangalli Layout. These opposite parties assured to allot the site in the said layout.  Thereby, opposite parties sought for dismissal of the complaint.
4.     On the above contention of both parties, this matter is set down for evidence.  During evidence on behalf of complainant, he has filed his affidavit and relied on the documents.  Likewise, one Palaksha, Secretary of the opposite parties society submitted his affidavit evidence and relied on documents.  Further evidence closed.  Written arguments of complainant filed.  Opposite party has not filed written arguments. Likewise, even the oral arguments not addressed for opposite parties.  Only after hearing the advocate for complainant, this matter is set down for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency of service on the part of opposite parties in not registering and giving possession of site No.9 in Survey No.52/1 of Lingambhudi Village measuring 20 x 30 ft., thereby, deficiency in service, as such complainant is entitled for the relief claimed?
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:- It is not in dispute that the complainant become the associated member of opposite party society.  It is also not in dispute that he has deposited sital value on 15.03.2013 and waited for his term to get the site.  In turn, the opposite parties have issued temporary allotment letter dated 16.04.2013 and the complainant was ready with DDs for Rs.4,810/- and Rs.2,410/- towards stamp duty and registration charges in the name of Sub-Registrar, Mysuru North.  Even then opposite parties did not turn up to allot the site.  Thereby, two letters dated 28.04.2016 and 16.06.2016 are written to the opposite parties.  Thereafter, a legal notice was issued on 08.08.2016, which was replied by the opposite parties alleging that he is associated member and he is not senior in the list.  Thereby, his seniority is No.4 in the 2^nd list i.e. relating to Dhanagalli layout.  Thereby, complainant has to wait for allotment till development of layout in Dhangalli.  Same line of defence was taken by the opposite parties and produced two lists.  One relating to 63 members and another relating to 75 members.  These two lists do not bears the date and even these two lists do not disclose which person become the member on which date.  It appears to this forum that these two lists are concocted lists since there is no authentication of these two documents except the seal and sign of the Secretary.  When exactly all the members shown in the list become members and when they have paid the amount not shown. Thereby, present complainant has deposited amount in 2013 itself and wait for his turn.  Whereas, the present opposite party has allotted site No.9 and registered in the name of one S.Pooja on 18.06.2016, same day possession certificate was also given to her.  But, for the reasons best known to opposite parties, the opposite parties did not submit the copy of allotment of letter given to the said S.Pooja.  Thereby, hurriedly on receipt of two letters dated 28.04.2016 and 16.06.2016 from complainant, the opposite parties have made efforts to issue possession certificate as well as registered site No.9 in the name of S.Pooja.  The act of the opposite parties are not only deficiency in service it also amounts to unfair trade practice.  Arriving at such conclusion, this Forum finds that the complainant is entitled for the reliefs claimed i.e. for allotment of site in survey No.52/1 of Lingambhudi village measuring 20 x 30 ft. and also opposite parties are liable to pay compensation and litigation expenses to the complainant. Accordingly, Point No.1 is answered partly in the affirmative.
8.   Point No.2:- In view of the findings recorded on point No.1, opposite parties are liable to allot site in Lingambhudi Vilalge i.e. in Survey No.52/1 measuring 20 x 30 ft. to the complainant and also liable to pay compensation of Rs.50,000/- and Rs.2,000/- towards litigation expenses.   Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite parties are jointly and severally directed to allot and register and hand over possession of site measuring 20 x 30 ft. in Survey No.52/1 of Lingambhudi Village within 60 days from the date of this order.
3. If the opposite parties failed to comply with this order, opposite parties are jointly and severally directed to pay Rs.100/- per day as penalty from the date of this order till compliance is made.
4. The opposite parties are jointly and severally directed to pay compensation of Rs.50,000/- and Rs.2,000/- litigation expenses to the complainant within 60 days from the date of this order.  Failing which, the said sum of Rs.52,000/- shall carry interest  at 12% p.a. from the date of this complaint i.e. 28.11.2016 till payment.
5. In case of default to comply this order, the opposite parties to undergo imprisonment and also liable for fine under section 27 of the C.P.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 this the 26^th May 2017)