BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 31st DECEMBER 2009<br /> <br /> <br /> PRESENT :- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT Nos.2528, 2529 & 2530/2009<br /> <br /> <br /> COMPLAINT NO.2528/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> COMPLAINT NO.2529/09<br /> COMPLAINANTS<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> COMPLAINT NO. 2530/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Smt. Lalithamma,<br /> W/o L.Lingaiah,<br /> Aged about 58 years,<br /> No.97, Vivekananda Nagar,<br /> Katriguppe, BSK 3rd Stage,<br /> Khadi Commission Layout,<br /> Bangalore – 560 085.<br /> <br /> <br /> Sri. H.L. Manjunath,<br /> S/o L.Lingaiah,<br /> Aged about 34 years,<br /> No.97, Vivekananda Nagar,<br /> Katriguppe, BSK 3rd Stage,<br /> Khadi Commission Layout,<br /> Bangalore – 560 085.<br /> <br /> <br /> Smt. H.L. Katyayini,<br /> W/o Gopalakrishna,<br /> Aged about 40 years,<br /> No.97, Vivekananda Nagar,<br /> Katriguppe, BSK 3rd Stage,<br /> Khadi Commission Layout,<br /> Bangalore – 560 085.<br /> <br /> Advocate: Sri M.S. Rudraiah<br /> <br /> <br /> V/s<br /> <br /> <br /> OPPOSITE PARTY Secretary,<br /> Pramod House Building Co-op. Society Limited,<br /> No.125/1, 50 Feet Road,<br /> Pramod House Building Co-op. Society Extension,<br /> Ring Road, <br /> Bangalore – 560 039.<br /> <br /> <br /> O R D E R<br /> <br /> The complainants in all these complaints filed respective complaints U/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Party (herein after called as O.P.) to refund the amounts paid towards part of the sale consideration for allotment of sites with interest at 18% p.a. and for damages, on an allegations of deficiency in service on the part of the OP. <br /> <br /> OP in all these complaints is common, the question involved, reliefs claimed being similar, in order to avoid the repetition of facts and multiplicity of reasonings, these complaints are disposed of by this common order. <br /> <br /> 2. The case of the complainants is that OP is a society registered under the Karnataka Co-operative Societies Act 1959. The main object of OP is to purchase non agricultural land; form layout and allot sites to its members OP has collected share capital and sital deposits from its members and the pass book issued contains details of the share amount and sital deposit collected from the members. The complainants became the members of the OP society by paying share amount and deposited the amounts towards allotment of sites. Inspite of several requests and demands OP failed to allot the sites. The complainants got issued legal notice to refund the amount with interest paid towards allotment of sites for which OP has not replied and complied the demands. Hence the complainants felt deficiency in service on the part of the OP and filed these complainants seeking necessary reliefs. <br /> <br /> 3. For the sake of convience, the membership, account No., the amounts deposited by these complainants with receipt No. and the date is mentioned as noted in the chart below: <br /> <br /> Sl. No. Complaint<br /> No. Receipt No. and Date Amount Paid<br /> 1 2528/09 599<br /> 30.04.1992<br /> 1387<br /> 03.10.1992 Rs.25,000/-<br /> <br /> Rs.25,000/-<br /> 2 2529/09 598<br /> 30.04.1992<br /> 1388<br /> 03.10.1992 Rs.25,000/-<br /> <br /> Rs.25,000/-<br /> 3 2530/09 600<br /> 30.04.19921386<br /> 03.10.1992 Rs.25,000/-<br /> <br /> Rs.25,000/-<br /> <br /> 4. Inspite of service of notice; OP failed to appear before this Forum without any sufficient cause in all these cases, hence placed ex-parte. <br /> <br /> 5. The complainants filed affidavit evidence in each of the complaints and produced documents. <br /> <br /> 6. After perusing the complaints allegations and documents produced by these complainants, it is evident that OP with an assurance of allotting sites made these complainants to become its members and accepted the amount of Rs.50,000/- each from these complainants towards sital value, but failed to keep up its promise. The very fact of OP having remained ex-parte goes long way to hold that OP is not denying the complaint averments. These complainants invested their hard earned money with a fond hope of getting sites, but they could not reap the fruits of their investment for no fault of theirs. OP failed to keep up its promise in allotting the sites to the complainants and also failed to refund the amount with interest, inspite of repeated demands and legal notice. Under these circumstances we are of the view that the complainants proved deficiency in service on the part of the OP. The complainants are entitled for the relief for refund of the amount with interest. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaints filed by these complainants are allowed.<br /> <br /> OP in all these complaint is directed to refund an amount of Rs.50,000/- to each of the complainants with interest at 12% p.a. from the date of respective deposits till realization along with litigation costs of Rs.1,000/- within four weeks from the date of communication of this order. <br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> Original order shall be kept in the file of the complaint No.2528/2009 and a copy of it shall be placed in other respective files.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 31st day of December 2009.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> Snm <br />