We also would like to inform our members that the society has proposed through promoter to acquire some more land adjacent to above said lands and accordingly modified layout plan will be prepared and submitted to the authority for approval.  With all these the Civil works for formation of sites will commence shortly by stagewise to completes within six months

If applicant members remit the advance and instalments well in time the formation of layout may be completed within 6 months and allotment will be made to the respective members.

The Committee of Management has decided to allot the sites to eligible members on 19/12/2011 at ITI Community Hall.  The allotment of sites starts at 10.30 AM.  Around 248 site of various dimensions will be put into lucky dip, among them 184 site of 30X40, 33 sites of 30X50, and 31 sits of 40X60 dimensions will be in the lucky dip.  The eligible criteria to participate is purely on payment seniority i.e., two instalment paid as per receipt no and date.  The seniority list will be published on 14/12/2011 i.e., on Wednesday in the society premises.  The members who get corner sites has to pay 20% extra on the total value of sites.  We request the members to participate in lucky dip and get their sites.

Arrangements will be made to get the sites in next two months.  However if the members have any doubt they are at liberty to clarify with committee of management.

The allottees of Mallathahalli, who have lost site will be given alternative sites at Naganur Layout and they should give the request in writing to the society by paying the requested amount in full.

The other details regarding registration will be followed by another circular.

It is brought to the notice of the members of the society, that the annual general body meeting schedule to be held during this month has been postponed to further 3 months from 31^st December 2011 due to Board of management of society is busy finalizing various cases in High Court, Civil Court, and other quasi judicial courts.  The committee of management of the society is continuously following and finalizing the Nagarur Project.

Our client has allotted sites to members who have seniority and have paid the requisite amounts towards the sites on time and hence eligible for allotment. Our client states that as a result no sites are available in Nagruru Layout to allot to your client and your client is not eligible for the same.

Our client states that they are willing to refund a sum of Rs.6,00,000 only as claimed to be paid by your client provided without interest.

b) If any members wish to withdraw their deposit amount from the society, their request will be considered for refund of the deposited amount and the interest if any, will be paid later. Please note that interest or any other amount arrived from the sale of land, will not be paid for those who have already withdrawn the sital deposit amount from the society.  A separate circular will be issued in due course, regarding the payment of sital instalments amount etc.

We have already sent notice and intimated through circulars to the applicant members in those who are applied for the site to pay I and II instalment amount in full before 31^st March 2011 without fail.  Applicant who fails to remit instalments on time will be charged interest at the rate of 16% on the balance instalment amount. W.e.f. 1/4/2011.

That the most important thing to bring the kind notice of the members is that, those who have already paid the notified sital deposit within the stipulated time and those who are ready and willing to pay the full sital amount, we be allotted sites on the basis of their seniority during May 2011 and the arrangements will also be made for registering the sites in their favour.  In connection with release of sites, correspondence was made with BMRDA and we are shortly expecting sites release order from the concerned authority.          

Decision of Hon’ble National Commission, wherein it is held that “Self made rules for own firm have no legal significance if proved contrary to law.”We cited the said decision for the simple reasons that, the rules and regulations made by the Ops are subjected to the Judicial scrutiny as to know whether they are fare or contrary to the law. In the instant case,

The complainant most respectfully relies on para 14 of the decision of the Hon’ble National Consumer Disputes Redressal Commission rendered in Swarn Talwar and others vs Unitech on this count. A copy of the decision is annexed in support of a claim for the higher rate of interest.  The complainant also relies on the decision of the Hon’ble Karnataka State Consumer Disputes Redressal Commission rendered i the cases of R Nataraj Vs Coffee Board Employees Co-op Housing society and Dr.Poornima Vs Telecom and Govt Employees Housing Society. Copies of these two decisions of Hon’ble State Commissions are annexed in support of the complainant for the award of an interest rate of 21% pa. In the said case the amount was deposited  by the complainant with the said society in the year 2014. In the case on hand, the amount was deposited in the year 2010/2011

OP is left open to complainant to sought relief refund Emaar MGF Ltd., -vs- Amith Puri II (2015) CPJ 568 NC, wherein it was held that after the promised date of delivery of possession if the project is not completed the discretions lies with the complainant whether he wants to take delivery of possession or seeks refund.