Sri C.V.MARAGOOR,

President

1.       This complaint has filed by M.Mariyappa S/o Bachanegowda aged 75 years resident of Mysuru to direct the opposite party to refund an amount of Rs.1,83,000/- with interest at the rate of 18% p.a.  from 12.10.2013 till payment, Rs.10,000/- as compensation for mental agony and cost of the proceedings.
2.       The opposite party is Regional College of Education Employees House Building Co-operative Society Ltd., Mysuru.
3.       It is the case of complainant that he became member of opposite party society and applied for a site measuring 30 x 40 ft. in a layout to be formed by it by paying entire price of the site a sum of Rs.3,15,000/-.  The opposite party in spite of repeated requests did not allot a site then he has approached the Assistant Registrar of Co-operative Society in the year 2013-14 and for approaching the Assistant Registrar of Co-operative Society, the opposite party instead of allotting 30 x 40 ft. site has taken revenge by allotting smaller size site to the extent of 7.25 + 7.35 x 9/2 feet on 03.10.2013 and later on executed registered sale deed dated 11.10.2013 along with possession of the site.  The opposite party has failed to return the excess amount paid for the site measuring 30 x 40 ft.  Hence, this complaint.
4.       The opposite party though appeared through its learned counsel has failed to file version.
5.       Complainant filed his affidavit in lieu of evidence and got marked Exhibits P.1 to P.7 documents.  We have heard the oral arguments advanced by the learned counsel representing the complainant, whereas opposite party remained absent after retiring its learned counsel on 08.08.2018.  That on 11.12.2019 Sri N.G.J.K. files vakalath on behalf of opposite party by advancing the case but did not move any application.   
6.       On hearing the arguments of learned counsel for the complainant and perusal of the documents, the points that would arise for determination are as under:-  

1. Whether the complainant proves that the act of opposite party not refunding the balance amount received from the complainant amounts to deficiency in service?
2.  Is complainant entitled to the reliefs sought for?
3. What order

7.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the affirmative;

Point No.2 :- In the affirmative;

Point No.3 :- As per final order for the following

:: R E A S O N S ::

8.         Point Nos.1 to 3- The learned counsel for the complainant vehemently argued that the complainant being member of the opposite party society had filed an application for allotment of site measuring 30 x 40 feet.  The complainant had paid the entire price of the site measuring 30 x 40 feet a sum of Rs.3,15,000/-.  But the opposite party instead of allotting the above big size site has intentionally allotted smaller size site and failed to refund the excess amount paid by him.  The complainant has produced Ex.P.1 letter dated 16.04.2013 addressed to the Assistant Registrar of Co-operative Society, Mysuru with a request to direct the opposite party to allot site at an early date since he being senior citizen and leading retired life without having any residential house.  Ex.P.2 notice dated 26.03.2013 issued by the office of Assistant Registrar of Co-operative Society, Mysuru to the opposite party to appear and give their explanation to Ex.P.1 request letter.  The complainant even after sending Ex.P.1 request letter to the Assistant Registrar of Co-operative Society, Mysuru  has sent Ex.P.3 And P.4 letters dated 26.09.2013 and 15.09.2013 requesting the opposite party to allot bigger size site instead of allotting smaller size site measuring 20 x 30 feet in place of 30 x 40 feet.  Later on the opposite party has allotted smaller size site bearing No.70 measuring 7.5 + 7.35 x 9/2 and accordingly they executed Ex.P.6 absolute sale deed on 11.10.2013 and handed over possession vide Ex.P.5 possession certificate.  After executing Ex.P.6 sale deed the complainant has requested the opposite party vide Ex.P.7 letter dated 12.11.2013 to refund the balance amount of Rs.1,83,000/- as they have allotted smaller size site.
9.         According to Ex.P.6 sale deed executed by opposite party value of the site bearing No.70 is Rs.1,32,000/-.  It is recited in Ex.P.6 sale deed that already the complainant has paid entire sale consideration of Rs.1,32,000/-.  The opposite party has not denied payment of Rs.3,15,000/- by the complainant immediately after filing application for allotment of site measuring 30 x 40 feet.  The opposite party for writing Ex.P.1 letter against it to the Assistant Registrar of Co-operative Society, Mysuru to issue direction for allotment of site immediately the society by taking revenge against the complainant has allotted smaller size site and executed Ex.P.6 sale deed.  Even after execution of sale deed and handing over possession of smaller size site No.70, the opposite party should have return the balance amount of Rs.1,83,000/- to the complainant since he had deposited an amount of Rs.3,15,000/- prior to 2013 for allotment of site measuring 30 x 40 feet.  It shows that the opposite party has committed deficiency in service by not returning the excess amount received from the complainant towards bigger size site.  The opposite party has utilized the said amount since 2013 as such it shall return the said amount with interest at the rate of 10% p.a. 
10.           The complainant being the senior citizen aged 75 years knocked the door of opposite party society many times with a request to allot site measuring 30 x 40 feet and even after execution of Ex.P.6 sale deed requested the opposite party vide Ex.P.7 letter dated 12.11.2013 to return the balance amount.  Even then the society did not care to request of the complainant.  Therefore, the complainant has suffered mentally for non return of the amount of Rs.1,83,000/- as such, the opposite party shall liable to pay a compensation of Rs.10,000/- asked by the complainant.   Accordingly, we proceed to pass the following;          

:: ORDER ::

1. The complaint filed by M.Mariyappa is allowed  directing the opposite party to pay a sum of Rs.1,83,000/- to the complainant with interest at the rate of 10% p.a. from 12.10.2013 till its payment.
2. It is further ordered that the opposite party shall pay Rs.10,000/- towards compensation and litigation costs of Rs.10,000/- to the complainant within 45 days from the date of order. Otherwise, it carries interest at the rate of 10% p.a. from the date of filing complaint till payment.
3. Furnish the copy of order to the complainant and opposite party at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Forum on this the 12^th December, 2019)