Date of Filing:09/03/2011

        Date of Order:27/04/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  27^th DAY OF APRIL 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO.476 OF 2011

H.V. Kavali,

R/at: No.135, 7^th Cross,

2^nd Main, 1^st Block, V.V. Nagar,

Bangalore-61.                                                                      ….  Complainant.

V/s

(1) The President,

Jawahar Housing Co.operative Society,

No.1/1, 1^st Cross, Link Road,

Malleshwaram,

Bangalore-03.

(2) The Secretary,

Jawahar Housing Co.operative Society,

No.1/1, 1^st Cross, Link Road,

Malleshwaram,

Bangalore-03.                                                                  …. Opposite Parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to get identify the site sold to it and give possession to the complainant and to pay Rs.1,00,000/- as compensation, are necessary:-

          The complainant is the member of the opposite party society for getting a site has paid Rs.2,30,000/-.  Provisionally site measuring 40 x 60 feet was allotted to the complainant on 09.07.1996.  A sale deed was registered in the name of the complainant in the year 1999 through the GPA holder with respect to site No.8 measuring 40 x 60 feet in Survey No.83 and 83:1B of Malathhalli Village, but no possession has been given.  The opposite party has stated after the development of the layout they will give the possession certificate in 2004.  The opposite party changed the site and sold the site to some other person.  Hence a complaint was lodged with the police who registered the FIR No.321 on 21.12.2005.  The complainant has also given a complaint to the Joint Registrar of the co.operative societies wherein they passed order on 26.03.2007 directing the opposite party to get the site identified and given to the complainant.  In spite of that, the opposite party has not given any site.  The opposite party has also given a written confession to the Jnanabharathi Police station stating that within 30.11.2010 they will identify the site and deliver possession of the site to complainant.  As it has not been done a case has been registered in this regard.  The opposite party has changed the layout and In site No.8 they have changed to site No.270 and 271 and also boundaries sold the said sites in the year 2006 and 2007 and the sites have been further sold to some other hands.  Hence the complaint.

2.       In this case the opposite parties remained absent.  In spite of the notice they did not appear.  As per the Shara notice returned from the postal department as intimation “delivered”.  Hence the complainant has filed his affidavit and documents.  The arguments were heard.

3.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether the action of the opposite parties amounts to deficiency in service/unfair trade practice?

2. What Order?

4.       Our findings are:-

Point (A) & (B)   :        As per the final Order

                                      for the following:- 

-:REASONS:-

Point A & B:-

5.       Reading the pleading in conjunction with the evidence both affidavit and documentary on record, it is an undisputed fact that the opposite parties have issued a circular on 26.09.1996 calling upon its members regarding the allotment of sites of different measurement and different values and asked them to pay certain amount in certain installments.  The complainant was the member of the opposite party.  On 10.06.1996 and on 09.06.1996 in all he had paid Rs.2,30,000/- to the opposite party.  Accordingly the opposite party through the GPA holder on 15.09.1999 executed a sale deed with respect to site No.8 formed in survey No.83, 83:1B of Malathhalli Village, but no possession was given and further it has stated that possession will be delivered after the layout is completely formed.  Mean while the opposite parties have changed the layout instead of site No.8 they have changed the site Numbers as 270 and 271 and sold it to different persons, i.e., on 10.01.2007 to Sri. S. Mahabaleshappa Singhanala and on 13.04.2006 to Smt. K.P. Saroja and put them in possession of these two sites.  The complainant was not given possession of any site though a sale deed was executed, but the site which have been given to the possession of the complainant was changed by the opposite party and given to the somebody else.

6.       It is also established that the complainant had filed a complaint to the Registrar of the co-operative societies in Case No.JRB/MD/1/2006-07.  Wherein an order was passed on 26.02.2007 against the opposite party.  The relevant portion of the order reads thus:-

ªÁ¢AiÀĪÀgÀ PÀ®A 70 gÀ zÁªÁ CfðAiÀÄ£ÀÄß ¥ÀÄgÀ¸ÀÝj¸À¯ÁVzÉ.  ¥ÀæwªÁ¢ ¸ÀAWÀªÀÅ ªÀÄ®èvÀÛºÀ½î UÁæªÀÄ, AiÀıÀªÀAvÀ¥ÀÄgÀ ºÉÆç½, ¨ÉAUÀ¼ÀÆgÀÄ £Ávïð vÁ®ÆèPÀÄ, ºÀ¼É ¸ÀªÉð ¸ÀASÉå: 83, ºÉƸÀ ¸ÀªÉð ¸ÀASÉå: 83/1 © EzÀgÀ°è gÀa¸À¯ÁVgÀĪÀ ªÀÄ®èvÀÛºÀ½î §qÁªÀuÉAiÀÄ°è£À 40 µÀ 60 gÀ «¹ÛÃtðzÀ ¤ªÉñÀ£À ¸ÀASÉå: 8£ÀÄß UÀÄgÀÄw¹, ªÁ¢AiÀĪÀjUÉ ¸ÀzÀj ¤ªÉñÀ£À ¨sËwPÀ ¸Áé¢üãÀ ¤ÃqÀ®Ä ¥ÀæwªÁ¢ ¸ÀAWÀPÉÌ DzÉò¹zÉ.  F DzÉñÀªÀ£ÀÄß 60 ¢£ÀUÀ¼ÉƼÀUÁV eÁjUÉƽ¸À®Ä ¥ÀæwªÁ¢ ¸ÀAWÀPÉÌ ¤zÉÃð²¸À¯ÁVzÉ.

          This order is still in force.  The complainant admits that the opposite party has not obeyed this order.  If the opposite party has not obeyed this order the complainant is at liberty to move the concerned authorities under the Co-operative Societies Act for getting the order executed for which this order will not come in the way. 

7.       In any event on 10.11.2010 the opposite party has written confession to the concerned police station reads thus:-

£Á£ÀÄ ªÉÄÃ¯É w½¹gÀĪÀ ¸ÀAWÀzÀ°è 08 wAUÀ½AzÀ CzsÀåPÀëgÁV PÁAiÀÄð¤ªÀð»¹gÀÄvÉÛãÉ.  £ÀªÀÄä ¸ÀAWÀzÀ EvÀgÀgÀ ªÉÄÃ¯É ºÉZï.«.PÁªÀ° gÀªÀgÀÄ PÉÆnÖgÀĪÀ zÀÆgÀÄ CfðAiÀÄ «ZÁgÀªÀ£ÀÄß w½zÀÄ F »AzÉ PÁAiÀÄðzÀ²ðAiÀiÁzÀ ²æÃ. £ÁUÉñï gÀªÀgÀÄ ¢£ÁAPÀ: 07.08.2010gÀAzÀÄ PÁªÀ°AiÀĪÀjUÉ vÀªÀÄä ¸ÀAWÀPÉÌ §AzÀÄ vÀªÀÄUÉ DVgÀĪÀ C£ÁåAiÀĪÀ£ÀÄß w½¹zÀgÉ, ¤ªÀÄä ¸ÀªÀĸÉåAiÀÄ£ÀÄß §UɺÀj¹PÉÆqÀĪÀÅzÁV ªÀÄvÀÄÛ PÁªÀ°AiÀĪÀjUÉ ¸ÀÆ¥Àw𠤪ÉñÀ£ÀªÀ£ÀÄß PÉÆr¸ÀĪÀÅzÁV °TvÀ ªÀÄÆ®PÀ §gÉzÀÄPÉÆnÖgÀÄvÁÛgÉ.  E°èAiÀĪÀgÉUÉ PÁªÀ°AiÀĪÀgÀ ¸ÀªÀĸÉåAiÀÄÄ §UɺÀjAiÀÄzÀ PÁgÀt £ÀªÀÄä ¸ÀAWÀzÀ ªÉÄÃ¯É zÀÆgÀÄ CfðAiÀÄ£ÀÄß ¤ÃrgÀÄvÁÛgÉ.  ºÉZï.«.PÁªÀ°AiÀĪÀjUÉ ¢£ÁAPÀ: 30.11.2010gÉƼÀUÉ £ÀªÀÄä ¸ÀAWÀ¢AzÀ ªÀÄAdÆgÁVgÀĪÀ ¤ªÉñÀ£À UÀÄgÀÄw¹PÉÆlÄÖ CªÀgÀ ªÀ±ÀPÉÌ £ÀªÉñÀ£ÀªÀ£ÀÄß PÉÆlÖ §UÉÎ £ÀÄß ¸ÀºÀ ¸ÀAWÀ¢AzÀ ¤ÃqÀ¯ÁUÀĪÀÅzÀÄ.  ªÀÄÄAzÉ EzÀPÉÌ £ÁªÀÅ K£ÁzÀgÀÄ vÀPÀgÁgÀgÀÄ ªÀiÁrzÀ°è £ÀªÀÄä ªÉÄÃ¯É PÁ£ÀÆ£ÀÄ PÀæªÀÄ dgÀÄV¸À§ºÀÄzÉAzÀÄ £Á£Éà ¸ÀévÀ: §gÀªÀtÂUÉAiÀÄ°è §gÉzÀÄPÉÆnÖgÀÄvÉÛãÉ.

That is say that opposite parties have agreed to identify the property of the complainant and deliver to his possession even then the opposite parties have failed to do so thus it is nothing but a deficiency in service.  When the opposite parties have sold a particular site to the complainant it was for them to identify the site and deliver it to the complainant.  They have also undertaken to deliver the same to the complainant.  But they have not done so.  The complainant alleges that a particular land in the said site has been sold to some other person.  Anyway till the site is identified and delivered to the complainant the complainant is entitled to the damages from the opposite parties besides getting the sites identified and delivered to him by the opposite parties.  Regarding possession of the site regarding identification of the site there is an order by the concerned authorities the complainant is liberty to execute that order for which this order will not come in the way.  HJence if we direct the opposite parties to pay Rs.500/- per day from 26.02.2007 to the complainant till it identifies and delivers the possession of the site described in the sale deed dated: 15.07.1999 as ordered by the Joint Registrar of Co-operative Societies in Case No.JRB/MD/1/2006-07, dated: 26.02.2007 we think that will meet the ends of justice.  Hence we hold the above points accordingly and proceed to pass the following:-

-: ORDER:-

1. The Complaint is Allowed-in-part.
2. The opposite party is directed to pay Rs.500/- per day from 26.02.2007 till it identifies and delivers possession of site No.8 measuring 40 x 60 feet old Survey No.83 New Survey No.83/1B of Malathhalli Village, Yeshwanthpur Hobli, Bangalore North Taluk, as ordered in Case No.GRB/MD/1/2006-07, dated: 26.02.2007 by Joint Registrar of Co-operative Societies to the complainant.
3. The opposite party is also directed to pay cost of this litigation at Rs.2,000/- to the complainant.
4. The opposite party is directed to send the amount to the complainant through DD by registered post acknowledgment due and submit the compliance report to this Forum with necessary documents within 30 days from the date of this order.
5. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
6. Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 27^th Day of April 2011)

MEMBER                                  MEMBER                        PRESIDENT