BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1511/2014

DATED ON THIS THE 11^th January 2019

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.                   

                                                B.E., LLB., PGDCLP   - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a declaration that the notice dated 21.02.2011 cancelling the allotment given to the complainant amounts to deficiency of service and also for direction to the opposite parties to issue allotment certificate and possession certificate and to register the site with compensation.
2.     The brief facts alleged in the complaint are that the complainant is a member of the opposite party society and he has applied for site measuring 30 x 40 ft.   Accordingly, the opposite party society has allotted site No.51 on 21.02.2011.  Subsequently, on 19.12.2013, the complainant received a letter from opposite party No.2 stating that the amount deposited by complainant is less in respect of site measuring 30 x 40 ft.  Thereby, as per the resolution dated 30.10.2013, another site measuring              20 x 30 ft. has been allotted with a direction to remit a sum of Rs.1,40,00/- and also to return the allotment letter and to get a fresh allotment letter.
3.     Though the complainant has remitted the entire amount and the opposite party society has issued a letter stating that site allotted to him was cancelled and he has been allotted with site measuring 20 x 30 ft. which amounts to deficiency in service.  Thereby, the complainant sought for the reliefs.
4.     The opposite party society represented through the advocate, but not filed version.  On the other hand, application was filed for rejection of the complaint.  Thereby, this Forum has passed an order on 04.09.2015 directing the parties to await the orders of Hon’ble State Commission relating to jurisdiction.  Against the said order, the present complainant preferred R.P. No.80/2015.  Both parties appeared in Revision Petition before the Hon’ble State Commission and both parties submitted joint memo by virtue of order 23 rule 3 CPC dated 21.03.2018.  Wherein the opposite parties have undertaken to withdraw the plea relating to jurisdiction and to allot alternative site measuring 30 x 40 ft. to the complainant.  Thereby, Revision Petition was disposed of and parties are directed to report settlement before District Consumer Forum.
5.     On receipt of the order of the Hon’ble State Commission in Revision Petition No.80/2015, the complainant has represented by the advocate.  Opposite parties advocate filed retirement memo.  Accordingly, opposite parties advocate was permitted to retired as per order dated 29.08.2018 and directed the both parties to be present before this Forum, so as to enable this Forum to record compromise as per the order of the Hon’ble State Commission dated 21.03.2018.  But, the representative of opposite party society did not appear before this Forum.  Thereby after hearing the advocate for complainant only, this matter is set down for orders.
6.    The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency of service on the part of opposite parties in not registering site No.51 as per allotment letter, thereby complainant is entitled for reliefs?
2.  What order?

7.    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 ::

8.    Point No.1:- Since there is no pleadings on the part of opposite parties and in view of the compromise application filed by both parties before Hon’ble State Commission, copy of which is produced in this Forum along with copy of order sheet in R.P.No.80/2015.  Under the compromise petition, the opposite party society has undertaken to cancel the sale deed executed in favour of one G.lakshmisha relating to site no.51 or in the alternative to allot another site measuring 30 x 40 ft.  Thereby, the facts relating to allotment of site to the complainant is not in dispute.  It is also not in dispute that the present opposite party has allotted the same site to one Lakshmisha during pendency of this complaint.  Hence, the act of opposite party in cancelling the allotment and allotting the site No.51 to one Lakshmisha amounts to deficiency in service.  Thereby, this Forum finds that it is a fit case for providing alternative reliefs to the complainant by directing the opposite parties to allot alternative site measuring                30 x 40 ft. in the same vicinity in that layout.  Hence, point No.1 is answered partly in the affirmative.
9.   Point No.2:- In view of the findings recorded on point No.1, the opposite parties are liable to allot alternative site to the complainant in the same layout.  The opposite parties are liable to pay compensation of Rs.25,000/- with litigation expenses of Rs.5,000/- to the complainant.  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 hereby directed to allot alternate site to the complainant measuring 30 x 40 ft. in the same layout in 45 days from the date of this order.  Failing which, the opposite parties shall pay penalty of Rs.100/- per day till compliance of this order.  
3. The opposite parties are jointly and severally hereby directed to pay compensation of Rs.25,000/- with litigation expenses of Rs.5,000/- to the complainant in 45 days of this order.   Failing which the opposite party shall pay interest at 12% p.a. on the said total sum of Rs.30,000/- from the date of this order 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 11^th January 2019)