| Complaint Case No. CC/1672/2014 |
| | | | 1. C.S. Esha | | S/o Siddegowda, R/at Chikkogouja, Hiregouja (post) Chikkamagalore Taluk, Chikkamagalore. |
| ...........Complainant(s) | |
| Versus | | 1. Sri. Kanaka Kaginele House Building Co-operative society Ltd., | | Sri. Kanaka Kaginele House Building Co-operative society Ltd., office at Pushpashree complex building, No.791, 13th main road, 4th stage, T.K. layout, Mysore. Rep. by its Authorized Secretary, Sri. Chandrashekar. |
| ............Opp.Party(s) |
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| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023 CONSUMER COMPLAINT NO.1672/2014 DATED ON THIS THE 26th September 2015 Present: 1) Sri. H.M.Shivakumara Swamy B.A., LLB., - PRESIDENT 2) Smt. M.V.Bharathi B.Sc., LLB., - MEMBER 3) Sri. Devakumar.M.C. B.E., LLB., - MEMBER COMPLAINANT/S | : | C.S.Esha, S/o Siddegowda, Chikkogouja, Hiregouja (Post), Chikkamagalore Taluk, Chikkamagalore. (Sri M.L.Shashibhushan, Adv.) | | | | V/S | OPPOSITE PARTY/S | : | Sri Kanaka Kaginele House Building Co-operative Society Ltd., Office at Pushpashree Complex Building, No.791, 13th Main Road, 4th Stage, T.K.Layout, Mysore. Rep. by its Authorized Secretary, Sri Chandrashekar. (Sri V.Krishna Murthy, Adv.) |
Nature of complaint | : | Deficiency in service | Date of filing of complaint | : | 15.12.2014 | Date of Issue notice | : | 20.12.2014 | Date of order | : | 26.09.2015 | Duration of Proceeding | : | 9 MONTHS 11 DAYS |
Sri Devakumar.M.C. Member - The complainant has filed the complaint under section 12 of the C.P.Act, against the opposite party, seeking a direction to repay the share amount and the amount paid towards the site along with 18% p.a. interest and other reliefs.
- The complainant being a member of the opposite party society, deposited a sum of `1,75,000/- towards value for the residential site, on various dates. The opposite party misappropriated the amount deposited by its members and no sites have been allotted to its members till date. The legal notice issued by the complainant has not been replied nor refunded the deposited amount. Hence, alleges the deficiency in service and sought for the reliefs.
- The opposite party though appeared through advocate, failed to defend the case by filing version.
- On perusal of the evidence, documents and on hearing the arguments by the complainant counsel, the matter posted for orders.
- The points that arise for consideration of this Forum are as follows:-
- Whether the complainant proves the deficiency in service on the part of the opposite party, in non-allotment of a residential site or refund of the deposit amount and that he is entitled for the reliefs sought?
- What order?
- 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 :: - Point No.1:- The complainant is a member of the opposite party society, deposited a sum of `1,000/- towards the share amount. The opposite party society was involved in development and allotment of residential site to its members, by collecting amount towards the site and promising to allot a site, collected a sum of `1,75,000/- from complainant on various dates. The opposite party in its general body meeting held in 2008 had informed its members that, it has purchased land and the development of layout is in progress. But, the complainant alleged that, till date the opposite party did not purchase the land and involved in illegal activities. As such, the complainant got issued a legal notice on 29.06.2014, demanding for the repayment of `1,75,000/- along with 18% interest, but the same has not been replied nor refunded the amount. The complainant alleged that the opposite party has misappropriated the amount collected. The complainant got issued another legal notice on 05.09.2014, calling upon to repay the amount deposited towards the site with interest, the opposite party have neither replied nor complied. Hence, the complainant has filed this complaint alleging deficiency in service and sought for refund and compensation.
- The opposite party did not deny nor admitted the allegations made by the complainant. As such, the opposite party is held liable to repay the deposit amount with 18% interest, from the date of its deposit, and also liable to pay compensation to the complainant. Accordingly, the point No.1 is answered partly in the affirmative.
- Point No.2:- In view of the above discussion, we pass the following
:: O R D E R :: - The complaint is partly allowed.
- The opposite party is hereby directed to pay a sum of `1,000/- and `1,75,000/- along with 18% interest p.a. from the date of its deposit, to the complainant within 60 days of this order.
- Further, the opposite party shall pay a sum of `5,000/- towards compensation and `2,000/- towards litigation expenses to the complainant, within 60 days of this order. In default, the opposite party shall pay interest at the rate of 10% p.a. on the said sum of `7,000/-.
- In case of default to comply this order, the complainant is at liberty to proceed for criminal action against opposite party under section 27 of the C.P.Act, 1986.
Give the copies of this order to the parties, as per Rules. | |
