/BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 8^th DAY OF JULY, 2022

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI – MEMBER

APPEAL Nos. 651/2014, 652/2014 & 653/2014

APPEAL NO. 651/2014

1. Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

2. President

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

3. Treasure,

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

Bengaluru

(By Shri/Smt. Manjunath,  Adv.   )

……….Appellant/s.

                                          -Versus-

1. Rakesh.B

S/o Basavaraju.N

Aged about 37 years,

R/o Dwaraka-21, 18^th A Cross,

Bangalore-560 024

2. General Secretary,

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

Bengaluru

(R1- By Shri.L.Devaraj, Advocate)

(R2- By     Adv.,)

……….Respondent/s

APPEAL NO. 652/2014

1. Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

2. President

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

3. Treasure,

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

Bengaluru

(By Shri/Smt. Manjunath,  Adv.    )

……….Appellant/s.

                                          -Versus-

1. Mr.Kiran.K.A.

S/o Late K.Ashok Kumar,

Aged about 36 years,

R/o No.213, White Rose,

Block No.II, MSV Vivek Marvels,

Shivanahalli-Amanikere,

Jakkur Road, Yelahanaka,

Bengalore-560 964

2. General Secretary,

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

Bengaluru

(R1- By Shri.L.Devaraj, Advocate)

(R2- By     Adv.,)

……….Respondent/s

APPEAL NO. 653/2014

1. Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

2. President

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

3. Treasure,

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

Bengaluru

(By Shri/Smt. Manjunath,   Adv.   )

……….Appellant/s.

                                          -Versus-

1. Girish.J

Late Janardhan Raju,

About 37 years,

R/o. No.213, White Rose,

Block No.11, M.S.V.Vivk Marvels,

Shivanahalli-Amanikere,

Jakkur Road, Yelahanaka,

Bengalore-560 964

2. General Secretary,

Syndicate Bank Retired

Employees Welfare Society ®

Door No.98/5 (First floor)

Tank Bund Road,

Marenahalli (Behind New BMTC

Bus Stand), 9^th Block, Jayanagara,

Bengaluru

(R1- By Shri.L.Devaraj, Advocate)

(R2- By     Adv.,)

……….Respondent/s

: O R D E R :

BY SMT. SUNITA C.BAGEWADI – MEMBER

The Appeal Nos.651/2014 to 653/2014 have been filed by the appellants/Opposite Parties being aggrieved by the order dated: 23/8/2013 passed by I Additional District Consumer Disputes Redressal Forum, Bengaluru and prays to set-aside the order and to dismiss the complaints filed by the complainants.

2.       The Opposite Parties Nos. 1 to 3 have filed these three Appeals against the same order and the subject matter involved in these Appeals is one and the same.  Hence, for the sake of convenience, all these Appeals are taken up together to pass a common order.  

3.     The parties to the Appeal shall be referred to as complainants and OPs respectively as per their rankings before the District Forum.

4.       The brief facts of the complaint are as under:-

The Opposite Party is a society formed under the Karnataka Societies Registration Act having registration No.BLU-S-1132-2005-2006 and for the welfare of its members and associate members had come out with a scheme of forming a residential layout at Bidadi near Eagleton Resorts and Wonder La Children’s park as per rules and regulations attached thereto regarding the scheme and mode of payment for the allotment of site of various measurements and said scheme was opened to the members i.e., other than employees/Ex-employees of Syndicate bank. The complainants became the associated members of the society under general category and allotted membership No.Gen/133/06 and Gen.377/06 and Gen/379/06 respectively. Further it is clearly stated that different rate of sites for members and associated members.

4(a).  The complainants further submits that, the complainants became an associated member of the Opposite Party and the complainants were allotted member ship Nos./Site booking Nos.as GEN/SB/133/2006, GEN/SB/130/2006 and GEN/SB/132/2006 respectively. The Opposite Party has assured at the time of granting associated membership and collecting the installments towards the cost of the site according to the scheme that the layout would be formed very soon. Thereafter on 1-1-2007 the complainant have received letter from the Managing Committee wherein the Opposite Party has colorfully presented the development work and the progress about the scheme and stated that the development work of the scheme layout would start in January 2007. Again on 14-7-2007 the Opposite Party has sent a communication to the complainant that the society has acquired 40 acres of land and the development work of the layout has been assigned to Mr.M.Thimme gowda, Managing Director of M/s. SPR Developers Pvt. Ltd. Bengaluru.

4(b).  The complainants further submits that on 24-1-2008 again the complainants received the communication from the society under reference No.3/08 about the development of the layout as per the scheme with ‘ifs and buts’ and they started posing political situation in Karnataka as a reason for delay in implementing and delivering the site and complainant received a communication from the AGM which was held on 28-9-2008 wherein again they projected Cock and Bull stores and the reasons for the delay in implementation and delivery of sites. The complainants have not received any communication from the Opposite Party till 18-2-2010. Hence the complainants have visited the proposed sport at Bidadi where the society was to form a layout in accordance with the scheme. But to the utter surprise and astonishment of the complainant, no such lands acquired for the purpose could be recognized nor was any developmental work taking place. Therefore the complainants started demanding for refund of the installments as the complainants lost all the confidence, belief and trust in the society.

4(c).   The complainant further submits that on 27-7-2010 under reference No.19-2010 members CIR the society sent a communication to the complainant regarding the steps taken by the Opposite Party with respect to formation of the said layout according to the scheme and layout would be formed elsewhere in Krishnarajapura and Hampapura instead of Bidadi as promised earlier and again contributed free assurance to the members and thereafter complainants have not received any communication from the Opposite Parties, they meet the Managing Committee members on 2-1-2013 and sought for clarification of the delay and for refund of the amount but they refused to refund the installment amounts paid by the complainants and threatened the complainants. The complainants are self employed carrying on the profession of photography and have invested their hard earned money hoping to get a site the future of their wife and child but Opposite Party has committed deficiency in service. Hence, these complaints.

5.       Respondents advocate filed their objections and admitted the membership of the respondent under general category and transactions to the respondents and appellant. Appellants also admitted the letter communication with the respondent dated 1-7-2007, 14-7-2007, 24-1-2008, 28-9-2008 and 27-7-2010 and further contended that they are even ready to deliver the sites in questions. But they have own difficulties to provide sites to the respondents as the developer Mr.Thippegowda, Managing Director, M/s.SPR Developer Pvt. Ltd., Bengaluru has given back of his commitments and this matter is before the Arbitrary Tribunal and it may takes some times.

6.       On perusal of the Appeal memo, order passed by the District Commission, Bengaluru and material on record, we have noticed that it is an admitted fact that the respondents in all cases became associated members of appellant society under general category. The appellants have allotted membership No.Gen/133/06, Gen/377/06 and Gen/379/06 respectively and sites booking No.GEN/SB/133/2006, GEN/SB/130/2006 and GEN/SB/132/2006 respectively. It is also admitted facts that the respondents have paid Rs.4,50,000-00 in each case on different dates to the appellant for 30X40 Sq ft sites  and also admitted the letter communication dated 1-7-2007, 14-7-2007, 24-1-2008, 28-9-2008 and 27-7-2010 with respondents. The allegations of the respondents is that though they have paid all installments as per demands of appellants, the appellants failed to formed the sites and provides the sites in question to the respondents.

8.       Perusal of the order passed by the District Commission and documents, we noticed that there was MOU between the appellant and developer Mr.Thimmegowda, which was executed on 27-3-2006 wherein the appellant sought to develop 40 acres land as residential layout for the benefits of the members and paid to the developer Rs.26,31,83,730-00 out of total amount of Rs.31,20,000-00. But despite of so many efforts the developer did not develop the layout as agreed by him and also it is evident that the appellants filed arbitration proceedings against the developer and still it is pending before the arbitration tribunal. Perused the order passed by the District Commission and receipts of payments, respondents have paid total consideration amount for 30 X 40 Sq. ft. sites to the appellant and in spite of that from 2006 to till today the appellant have not formed the sites and handover to the respondents. We are now in the year 2022. The respondent invested their hard earned money with an intention to have their own houses in future with utmost faith. Hence, the appellants have no any power with hold the money of the respondents without giving sites from 2006 to 2022. From 2006 the amounts of respondents were lying with the appellants and in spite of settling the matter, the appellants preferred these appeals only for seeking time. Hence, respondents are entitled for their money which was paid them for 30 X 40 sq. ft. sites to the appellants along with interest. Moreover there is 221 days of delay in filing these appeals and appellants have filed delay condonation application along with affidavit and same reasons are narrated by the appellants such as “because of delay in part of developer, the appellant society invoked arbitration case and the same is still pending”. We have not satisfied with reasons of the appellants because why should respondents suffer for the issues between the appellants and developer?. Hence, on delay condonation ground also the appeals are not maintainable and liable to be dismissed. Accordingly, we proceed to pass the following:-          

: O R D E R :

The appeals No.651/2014 to No.653/2014 filed by the appellants are hereby dismissed. 

The original of this order shall be kept in Appeal No.651/2014 and a copy of same shall be kept in Appeal No.652/2014 and 653/2014.

The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the complainants.

Send a copy of this order to both parties as well as concerned District Commission.

Lady Member.                                            Judicial Member