BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 21st DAY OF JUNE, 2023
APPEAL NOS. 711/2019 & 712/2019
PRESENT
SRI RAVI SHANKAR – JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI – MEMBER
APPEAL NO.711/2019 & 712/2019
Karnataka Telecom Department
Employees Co-Operative Society Ltd,
No.706, 1st Floor, CBI Road, … Appellant/s
HMT Layout, RT Nagar post,
(Near St.Jude Catholic Church)
Bengaluru-560 032
Represented by its Secretary
(By Sri.D.S.Lokesh, Advocate)
(Appellants are same in both appeals).
-Versus-
1. Appeal No.711/2019
Sreeraman Srinivasan,
S/o A.L.Srinivasan, ... Respondent/s
No.2961/92, CH-12, 5th Main,
2nd Cross, Saraswathipuram,
Mysuru
(By Sri.Dinesh Solanki, Advocate)
2. Appeal No.712/2019
Mrs.Verniva Jessy Mathias,
W/o Pascal Mathias, ... Respondent/s
No.1-31, Castelinin Compound Shriva,
92, Heroor, Bhantakal – Udupi,
Pin Code: 574 115,
Rep. by her duly constituted attorney
Dulorine Philip Dsouza
(By Sri.Dinesh Solanki, Advocate)
COMMON ORDER
BY SRI RAVISHANKAR, JUDICIAL MEMBER
The Opposite Party/Appellant preferred these Appeals against the order passed by the District Consumer Commission, Mysuru dated 8-3-2019 in Complaint Nos.220/2018 and 234/2018 which directed this Appellant to allot a site measuring 50X80ft. in their “Atmananda Sagara Layout” at Mysore and execute the registered sale deed. Failing which, the Opposite Party is liable to pay penalty of Rs.250/-per day until compliance. Further the Opposite Party shall pay compensation of Rs.2,00,000/- for deficiency in service and Rs.50,000/- for mental agony and Rs.5,000/- litigation expenses. In default, the Opposite Party shall pay interest @12% per annum on the said amount and submits that the complainants become a members of the Opposite Party society and applied for allotment of site measuring 50X80ft and paid a sum of Rs.8,84,000/-. After payment of the said amount, the complainants requested for allotment of sites, but the Opposite Party deliberately not allotted the sites and postpone the allotment of sites for the one or the other reason. The complainants made several representations to allot the site, but the Opposite Party kept quiet without considering the requests made by the complainants. Subsequently, the complainants issued legal notice and called upon the Opposite Party to allot the site and even in spite of legal notice the Opposite Party not replied the legal notice. Subsequently, the complainants filed these complaints alleging deficiency in service and sought for allotment of site.
2. After trial, the District Consumer Commission allowed the complaints and directed this appellant to allot a site along with compensation and litigation expenses. In fact, the complainants become the members for allotment of sites measuring 50X80ft in the Opposite Party’s layout by name “Atmananda Sagar layout” in the year 2007 itself and the complainants deposited an amount of Rs.8,84,000/- to the Opposite Party society. The Opposite Party assured to develop the layout and to allot the site and execute registered the sale deed. The complainants approached the Opposite Party society and demanded for allotment of site. The complainants paid a sum of Rs.8,84,000/- and they have not paid the total sital value of the site to the appellant society. The complainants have to pay the balance sale consideration amount to the appellant society. The appellant society has allotted the sites on the basis of seniority. The delay in formation of the layout was beyond its control and also the complainants have not paid the entire sale consideration. The appellant society is ready to allot and register the site to the complainants, once the complainants make the balance payment. The formation of the site is time consuming and requires approval from various Government Authorities. The delay in formation of the sites is not due to any intentional, it is only due to approval from the side of authorities. The appellant assured to allot the site to the complainant on payment of balance sale consideration of Rs.3,16,000/-. The complainants are not come forward to the pay the said amount. In spite of that, they had filed false complaints alleging deficiency in service. The District Commission without consider the said defence has allowed the complaints and directed this Opposite Party to allot the site along with compensation and litigation expenses. In fact they ready to allot the sites, hence prayed for set aside the order passed by the District Commission and dismiss the complaint, in the interest of justice and equity.
3. Heard from both sides.
4. On perusal of the memorandum of appeal, certified copy of the order passed by the District consumer Commission, it is noticed that the complainants have paid an amount of Rs.8,84,000/-. The complainants constrained to file the complaints for allotment and registration of the sites. This appellant had not shown any material to show that subsequent layouts are developed and ready for registration. In the absence of such materials, we cannot believe the arguments submitted by the learned advocate for appellant. When the layout was developed in spite of sufficient time taken, the complainants are entitled to allot the sites. The District Commission after considering the evidence had directed this appellant to allot and register the sites in the complainant’s favour within 60 days and if they fail, they have directed to pay penalty of Rs.250/- per day until compliance along with compensation and litigation expenses. The order passed by the District Commission is in accordance with law. We do not find any merits in the appeals; as such the appeals are dismissed and the order passed by the District Commission is confirmed. Accordingly, we proceed to pass the following:
O R D E R
The appeals Nos.711/2019 and 712/2019 are hereby dismissed. No order as to cost.
The impugned order 8-3-2019 passed by the District Consumer Disputes Redressal Commission, Mysuru in CC.Nos.220/2018 and 234/2018 is confirmed.
The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the complainants.
The original of this order shall be kept in appeal No.711/2019 and a copy thereof shall be kept in Appeal No.712/2019.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
Member Judicial Member
