Date of Filing :15.04.2016

Date of Disposal : 10.12.2021

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 10.12.2021

PRESENT

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT

Mr K. B. SANGANNANAVAR: JUDICIAL MEMBER

Mrs DIVYASHREE M: LADY MEMBER

APPEAL NO.943/216

Karnataka Telecom Department

Employees Co-op Society Ltd.,

No.6/7, Raj Bhavan Road

CTD Compound Annexe

Bengaluru-560 001 rep by its Secretary

Now at

Karnataka Telecom Department

Employees Co-op Society Ltd.,

No.30/1, 11^th Floor

Lemons Complex

Cunningham Road

Bengaluru-560 001

Rep. by its President                                                             Appellant                                                                              Appellant                                                                                                             Appellant

(By Mr D S Lokesh, Advocate)

• Vs -

Sri Ram Pratap Reddy

S/o Sri K.C. Reddy

No.18, 3^rd Floor

Bellary Road

Sadashivangar

Bengaluru - 560 080                                                      Respondent

   : ORDER :

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP aggrieved by the order dated 11.03.2016 passed in CC No.479/2015 by District Consumer Disputes Redressal Commission, Mysuru (for short the District Forum).

2.       The facts in brief of the case are that the Complainant became a Member of the OP’s Society and he had applied for allotment of a site measuring 50’ x 80’ to be formed by OP at Kuberananda Sagar, Mysuru and deposited a sum of Rs.12,08,000/- on different dates and OP acknowledged the same. Time & again, he approached the OP to Execute & register the Absolute Sale Deed, but, OP did not responded, he got issued a Legal Notice on 10.06.2015 calling upon OP to Execute & register the Absolute Sale Deed, to which OP neither replied nor complied..  Therefore, he lodged the present complaint seeking directions for allotment and execution of site, complainant of Rs.4 lakhs for inordinate delay Rs.5 lakhs as compensation for mental agony and Rs.15,000/- towards costs.

3.       OP while contesting the case, admitted the receipt of Rs.12,08,000/- from the Complainant for allotment of residential site measuring 50’ x 80’ at Kuberananda Sagar, Mysuru.   OP pleaded that, he made an offer for allotment of an alternate site with little lesser measurement in respect of site No.244 but complainant had not responded to it and delayed in allotment of site is frivolous ground. OP pleaded that, he has to develop the Layout and allot the site to its Members, as per Seniority.   The seniority of the Complainant is at Sl No108 and there is no provision of contract of paying Rs.5 lakhs as compensation and as such, he is not liable to pay Rs.5 Lakh as Damages to the Complainant.  Thus OP sought Dismissal of the Complaint.

4.       The District Forum after the hearing the arguments and by considering the Pleadings & evidences led in by both the parties, deemed it fit to allow the Complaint in part and directed the OP to allot Site measuring 50’ x 80’ in the Layout Kuberananda Sagar at Mysuru within two months from the date of the order.  Further, if complainant chooses to accept the proposal of OP to purchase additional land attached to the proposed site directed the OP to receive additional amount for excess land at the prevailing rate 2007. Further directed OP to pay Rs.75,000/- as Compensation and Rs.5,000/- towards Costs of the Litigation to the Complainant etc.,   Aggrieved by this Order, OP is in Appeal.

5.       Heard the learned Counsel for the Appellant.  Perused the Impugned Order & Records.  It is an admitted fact that the Complainant became member of the OP Society & sought for allotment of a Site measuring 50’ x 80’ in the Layout Kuberananda Sagar at Mysuru against which the Complainant had paid Rs.12,08,000/- on different dates and OP also acknowledged the receipt of the same.  Inspite of issuance of Legal Notice, OP did not allot and register the site in favour of the Complainant.  It is the bounden duty of the OP to form Layout and allot a site by receiving the balance amount.  The Learned Counsel appearing for the Appellant, submits that they are ready to execute and register the site in favour of the Complainant, but seeking some more time.  Seeking and giving extension of time & again to Appellant will not serve for the purpose, since the Complainant has paid the Sale consideration amount during year between 2007 & 2010 and as the money is lying with the OP ever since then and he cannot escape from its liability by dragging the matter, on one or the other pretext.  In the circumstances, District Commission has rightly passed the Order and we do not find any strong reasons to interfere with the same.  In view of this observation, the Appeal stands disposed of.

6.       Amount in deposit is ordered to be transferred to the District Commission for disbursement to the Complainant. 

7.       Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately. Return the LCR forthwith.

Lady Member                Judicial Member                       President

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