BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.688/2014

DATED ON THIS THE 30^th December 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 C.P.Act 1986, against the opposite party, alleging unfair trade practice in not allotting a site and seeking a direction to allot and execute a registered sale deed and to hand over the possession of the site and to pay compensation of Rs.1,00,000/- towards delay in delivery of possession of the site, to pay Rs.10,000/- towards cost of the proceedings and Rs.20,000/- towards mental agony with such other reliefs.
2.     The complainant obtained the associate membership from opposite party society, by depositing prescribed fee and later applied for a residential site.  She paid the entire sale consideration.  The opposite party earmarked site bearing No.124, measuring 40 x 60 ft. at Kuppalur and Mandakalli Villages and orally instructed the complainant to get ready for registration of the site.  But, the opposite party failed to perform its part of obligations till date.  As such, aggrieved complainant has filed the complaint and seeking reliefs.
3.     The opposite party admitted the complainant as its member and also pleaded that her husband also its member, had purchased a site in 1^st Stage of its layout, through auction by making payment as an individual.  Later he applied for a site measuring 50 x 80 ft in 2^nd Stage of opposite party’s layout, by depositing the entire sale consideration.  The authorities of co-operative societies rejected the proposed allotment of site in fa vour of the complainant’s husband on the ground of allotment of 2^nd site is not permitted under the prevailing law of the land.
4.     The complainant’s application for allotment of site, has been rejected by the authorities, as there was already a site allotted in favour of her husband by the opposite party society.  However, regretting the inconvenience caused, the opposite party assured to refund the entire sale consideration with interest.  As such, there is no unfair trade practice by it and prays for dismissal of the complaint.
5.     To prove the facts, both parties lead their evidence by filing affidavit and relied on several documents.  Written arguments filed and made oral submissions.  On perusing the material on record, matter posted for orders.
6.      The points arose for our consideration are:-

1. Whether the complainant establishes the unfair trade practice on the part of opposite party in not allotting a site and executing the relevant documents despite of payment of entire sital value and thereby she is entitled for the reliefs sought?
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:- The complainant become the associate member, in response to the invitation of opposite party and intending to purchase a site paid the entire sale consideration.  The opposite party on receipt of entire sital value prepared the list of eligible members for allotment of site in its layout and submitted for approval by the Department of Co-operative Societies.
9.    The authorities, on realising a site owned by the complainant’s husband in opposite party’s layout, reject the complainant’s name from the list, stating as per, prevailing law, a family cannot be allotted more than one site.
10. As such, the opposite party could not allot a site, even though it was intended to allot a site in favour of the complainant.  Regretting the same, the opposite party informed the complainant, that it will make good the loss caused, by paying substantial interest on the entire amount deposited.  As such, prays for dismissal of the complaint.
11. On perusal of the documents placed on record, the opposite party established the purchase of a site by the complainant’s husband in opposite party’s layout through auciton.  It was also established that the opposite party invited the family members of its members, to take associate membership with it and also to apply for allotment of site.  Accordingly, the complainant became a associate member and sought for allotment of site, by depositing the entire sale consideration.  The opposite party included the complainant’s name in the seniority list and submitted for approval by the concerned authority, who rejected the allotment for the complainant.  The opposite party expressed its inability to allot a site, ultimately agreed to refund the entire amount deposited with interest.
12. The point to be noted here is that the complainant’s husband though a member of opposite party society, purchased the site in auction as an individual and the same has not been allotted in his favour by the opposite party.  As such, the contention and rejection of allotment of site in favour of complainant, on the ground a family is not entitled for allotment of two sites in a society, is not justifiable.  Therefore, we opine that, the rejection of allotment of a site is not justified and the opposite party is liable to allot a site to the complainant in its layout.  Accordingly,  point No.1 is answered partly in the affirmative.   
13. Point No.2:- In view of the above discussions, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party society is hereby directed to allot a site measuring 40 x 60 ft, on receipt of the entire sale consideration from the complainant, within 60 days of this order.  In default, to pay Rs.500/- per month until compliance. .
3. The opposite party shall pay Rs.3,000/- towards compensation for the unfair trade practice and Rs.2,000/- towards cost of the proceedings to the complainant, within 60 days of this order.  In default to pay interest at 12% on the said total sum of Rs.5,000/-, till payment made.
4.  In case of default to comply this order, the opposite party shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. 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 30^th December 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER