BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.801/2015

DATED ON THIS THE 17^th February 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 allot site measuring 20 x 30 in D.Devaraj Urs Layout (1^st Phase) Nagrathahally, Mysuru Taluk by collecting remaining amount of Rs.95,000/- and also for compensation of Rs.50,000/- and legal charges of Rs.10,000/-0
2.    The brief facts alleged in the complaint are that the opposite parties are the President and Secretary of Housing Society, they have purchased 20 acres 5 guntas land in Nagrathahally Village to form layout and provide vacant sites to its member.  The complainant has applied for site measuring 20 x 30 and initially he has deposited Rs.20,000/- and subsequent he paid Rs.20,000/- + Rs.60,000/- on different occasion and the opposite parties asked the complainant to deposit the remaining amount of Rs.20,000/- at the time of registration of the site.  In spite of several years, the opposite parties did not develop the layout with proper road, water, power or even a basic amenities.  To show that the area in question still not developed, the complainant has produced several photos which reveals that it is still in agricultural land.  On the other hand, on 29.10.2015, a letter was issued to the complainant by opposite party No.2 stating that the complainant has not paid the instalment.  Hence, his name is enlisted in black list.  The opposite parties committed deficiency in service. Hence, complainant sought for an order against opposite parties.
3.     On the above contention, this matter is set down for evidence.  During evidence, on behalf of complainant, complainant himself has filed the affidavit evidence and further evidence closed.  On behalf of opposite parties, its President has filed affidavit evidence and closed further evidence.  After hearing arguments, this matter is set down or orders.
4.     The points arose for our consideration are:-

1. Whether the complainant establishes that the opposite parties have committed deficiency in service in not allotting the site to him, thereby he is entitled for the relief claimed?
2.  What order?

5.    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 ::

6.    Point No.1:- Since the opposite parties admitted the payment made by the complainant to the extent of Rs.1,00,000/- towards value of site.  There is no dispute so far as the relationship of the Consumer and Service Provider.  The only question to be decided is where the complainant become defaulter.  Thereby, his name was black listed and on that ground alone whether the complainant is to be denied the right to get the site.  So many contentions raised by the opposite parties stating that the society conducted the meeting and the Secretary has prepared a list of defaulter as per the proceedings of meeting based on that list, the name of the complainant was block listed.  The complainant has become a member and he has produced the documents showing the amount paid to the society in 5 instalments, as per the admissions of both parties totally Rs.1,00,000/- was paid by the complainant i.e. first and 2^nd instalment was completely paid, out of the amount in 3^rd instalment 50% was paid, remaining amount 4^th and 5^th instalment ought to have been paid by the complainant.  When the complainant has deposited Rs.1,00,000/- by 09.11.2011 can the society say that he was not able to organise the remaining amount is a question.  Probably there is no notice by the society for deposit all the subsequent instalment . After of lapse of 4 years, a notice was caused to the complainant stating that he is the defaulter.  Thereby his name has been black listed.  Such contention of the opposite party cannot be accepted since the list announced with the proceedings of the black list appears no continuation of the proceedings of the society.  On the other hand, it is an insertion subsequent to the proceedings of the meeting dated 29.04.2015.  Thereby, the contention of opposite parties cannot be accepted to say that the complainant is a defaulter, as such this Forum finds that not allotting site to the complainant by receiving remaining balance consideration amounts to deficiency in service on the part of opposite parties.  Thereby, opposite parties are liable to allot the site in addition to pay compensation and litigation expenses. Hence, Point No.1 is answered partly in the affirmative.
7. Point No.2:- In view of the findings recorded on point No.1, opposite parties are to be directed to allot the site measuring 20 x 30 at Nagrathahally Village (1^st Stage) by receiving balance consideration amount of Rs.95,000/-, Rs.30,000/- towards compensation with litigation expenses of Rs.2,000/.    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 the site measuring 20 x 30 at D.Devaraj Urs Layout (1^st Stage) Nagrathally Village by receiving balance consideration amount of Rs.95,000/- within 60 days from the date of this order, failing which the opposite parties shall pay penalty of Rs.100/- per day to the complainant till compliance is made.
3.  The opposite parties are jointly and severally directed to pay compensation and Rs.30,000/- 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.32,000/- shall carry interest  at 12% p.a. from the date of complaint i.e. 10.12.2015 till payment.
4. 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.
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 17^th February 2017)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

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

      MEMBER                                         MEMBER