NGO COOPERATIVE HOUSE BUILDING SOCIETY V/S G NARENDER - Consumer Court Case

Andhra Pradesh

StateCommission

FA/1437/06

G NARENDER - Complainant(s)

Versus

NGO COOPERATIVE HOUSE BUILDING SOCIETY - Opp.Party(s)

MS. S.C.RANGANNA

18 Aug 2009

ORDER

First Appeal No. FA/1437/06

(Arisen out of Order Dated null in Case No. of District Guntur)

1. G NARENDER

R/O H.NO. 16-11-511/2/B NEAR DSNR BUS DEPOT HYD

BEFORE:

PRESENT:

ORDER

BEFORE THE A.P.STATE CONSUMER DIPSUTES REDRESSAL COMMISSION :HYDERABAD

F.A.No.1437/2006 against C.D.No.166/2004, Dist. Forum, Mahabubnagar

Between:

G.Narender , S/o.Narayana,

Aged about 60 years, Occ: Retired

Government Servant,

R/o.H.No.16-11-511/2/B, Near Dilsukhnagar,

Bus Depot , Hyderabad. … Appellant/

Complainant

And

The Person In Charge, NGO Cooperative House

Building Society , O/o.Divisional Cooperative

Office , Boyapally Gate,

Mahaboobnagar, Mahaboobnagar Dist. …Respondent/

Opp.party

Counsel for the Appellant : M/s.S.C.Rangappa

Counsel for the Respondent : Mr.M.A.Ashfaq Mohiuddin

CORAM : SMT. M.SHREESHA, HON’BLE MEMBER

AND

SRI K.SATYANAND, HON’BLE MEMBER

TUESDAY, THE EIGHTEENTH DAY OF AUGUST,

TWO THOUSAND NINE.

Oral Order (Per Smt M.Shreesha, Hon’ble Member)

***

Aggrieved by the order in C.D.No.166/2004 on the file of District Forum, Mahabubnagar the complainant preferred this appeal.

The brief facts as set out in the complaint are that the complainant is a retired non gazetted officer and member of N.G.O Cooperative House Building Society which is the opposite party herein and on his application dt.7.6.1983 the Secretary of opposite party society allotted plot no.408 in MIGH-1 admeasuring 240 sq. yards in Phase II of NGO’s Colony, Mahabubnagar. Allotment was made through lot system held on 13.3.1983 and he paid Rs.3,000/- on 4.6.1986 and Rs.3,360/- on 24.7.1986 towards land and land development cost . The complainant also paid another sum of Rs.2,400/- towards other charges. But the opposite party did not give possession of the said plot inspite of repeated requests and on 4.11.2004 he also made application to the opposite party and expressed his willingness to pay the balance amount. The opposite party sent a reply on 8.11.2004 stating that the plot was already allotted to some other person. Hence the complaint seeking direction to the opposite party to deliver physical possession of plot no.408 in MIGH-I measuring 240 sq.yards in phase-II of NGO’s colony or to allot any other plot in same locality with same measurements and to award compensation.

Opposite party filed counter stating that the complainant is a member of the society and was allotted plot no.408 and paid only Rs.6,360/- and there is no record available with the opposite party showing payment of Rs.2,400/- and as per the rules of the Society after allotment, the complainant has to pay balance amounts in three instalments but he has failed to pay 30% cost of the scheme in three instalments from December,1984 to January,1985 hence he was asked to pay the instalments by the end of February,1985 and therefore as per Rule 42(10) of bye laws he has to forego his plot and it was allotted to another member of the society. Representation has been made by the complainant only on 4.11.2004 to cover limitation and submits that the complaint is hopelessly barred by limitation . In the reply to the representation made by the complainant, opposite party clearly stated that the complainant did not remit the developmental charges and resolved to cancel the plot no.408 and reallotted the same to another person and the complainant was requested to take back the money paid by him as per proceedings dt.23.2.89 and 5.8.89, but however the complainant never approached the Society and hence there is no deficiency in service on their behalf.

Based on the evidence adduced i.e. Exs.A1 to A10 and Exs.B1 to B10 documents the District Forum disposed of the complaint with a direction to the oppoiste party to refund Rs.6,360/- to the complainant within one month from the date of communication of the order.

Aggrieved by the said order the complainant preferred this appeal.

The facts not in dispute are that the complainant is a member of the opposite party society and plot no.408 was allotted to him as per the resolution of Managing Committee and it is also an admitted fact that the allotment made in favour of the complainant was cancelled in the proceedings dt. 18.8.88 for non payment of the balance amount after issuing final notice. We observe from the record that the complainant has remained silent from August, 88 till the year 2004 and made representation only on 4.11.2004. Hence we are of the considered view that this complaint is barred by limitation . Even on merits the complainant has not filed any receipt to show that he has paid Rs.2,400/- but has filed receipts only for an amount of Rs.6,360/- and it is also not the case of the complainant that no notice was issued to him by the opposite party prior to cancellation of the plot. The allotment was cancelled only after the final notice was issued to the complainant on 25.4.88 to pay Rs.5000/- by 5.5.88. But even then the complainant did not pay the amount, hence the plot was cancelled and reallotted to another third party. Opposite parties also filed the proceedings dt. 5.10.1988 Ex.B2 requesting the complainant to take back the amounts paid by him already. But even then the complainant did not choose to approach the opposite party to take back his amounts. The contention of the appellant/complainant in his written arguments that it was only when he received reply dt.8.11.2004 to his representation dt. 4.11.2004 that he was informed of the re-allotment of plot to some one else does not amount to an act of deficiency in service on behalf of the respondent/opposite party since the amounts were paid way back in the year 1988 and the opposite party cannot wait for such an inordinate long period of time for the complainant to make his payments and has rightly allotted the plot to a third party . We do not see any grounds to interfere with the well considered order of the District Forum.