BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.08/2021
DATED THIS THE 18th DAY OF JANUARY, 2021
PRESENT
SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
Complainant: -
Sri.Munithimmaiah.C,
S/o Chikkatimmaiah,
Aged 58 years,
Residing at Muddaramaiahna playa, Obalapura post,
Tumakuru Taluk and District
(By Kishan.G.S, Advocate)
V/s
Opposite party:-
State Government Houseless Harijan Employees Association (Regd.), Jagajyothi Basaveshwara Road,
Shantinagar,
Tumakuru-572102
A Society registered under the Karnataka Societies Registration Act,
Represented by its President/ Secretary
ORDER ON ADMISSION OF COMPLAINT
SRI.C.V.MARGOOR, PRESIDENT
This complaint is filed to direct the OP society to register a site in the name of complainant measuring 30 X 40 Sq. Ft. in Rama Jois Layout, near Shantinagar, Tumakuru after receiving the balance consideration of Rs.25,000=00. Further direct the OP to pay Rs.50,000=00 as compensation for mental agony and stress and Rs.50,000=00 as litigation expenses.
2. It is the case of complainant that he belongs to schedule caste and working in KSRTC as bus conductor. The complainant made payment of Rs.15,000=00 on 12-1-1999 towards membership and initial deposit for allotment of site in Rama Jois Layout to be formed by the OP society, Tumakuru. The OP had admitted the complainant as member of society with assurance that it would allot a site measuring 30 X 40 Sq. Ft. in Rama Jois layout formed by them near Shantinagar, Tumakuru on further payment of Rs.25,000=00 at the time of execution of registered sale deed. The complainant has approached the OP number of times but its President and Directors of the society went on assuring that they would allot a site in future. Lastly the complainant has got issued legal notice dated 4-11-2020 to the OP calling upon it to allot and register a site as assured by them. The OP on receipt of notice has given reply denying all the allegations including payment of Rs.15,000=00 towards membership and initial deposit for allotment of site. Hence, this complaint.
3. We have heard the complainant to admit the complaint.
4. The complainant has produced xerox copy of voucher No.37 dated 12-1-1999 said to be have been issued by the OP society in which it is stated that Rs.15,000=00 being received as deposit for the site and expenses of the Supreme Court fee etc. The complainant has further produced legal notice dated 4-11-2020 and reply given by the OP dated 9-11-2020.
5. The OP in reply notice has denied that they admitted the complainant as member of society to allot a site by receiving Rs.15,000=00 on 12-1-1999. The OP society never assured the complainant that they would allot a site and execute a registered sale deed on receipt of Rs.25,000=00. The OP society does not know the complainant and alleged receipt is concocted and created for the purpose of this case.
6. According to the averments of complaint the OP has not allotted the site in favour of complainant since he said to have become the member of OP society on 12-1-1999. The complainant has kept quiet for more than 20 years from the date of alleged payment of Rs.15,000=00 towards member ship and deposit of the site. According to Section 69 of Consumer Protection Act, 2019 “the District Consumer Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen”. Firstly the OP has not allotted a site in favour of complainant after deposit made on 12-1-1999. If the allotment was not made within two years from the date of deposit the complainant would have issued notice to the OP to allot a site. The OP in reply notice stated that at present no site is available in Rama Jois layout as it has already allotted all sites and executed registered sale deeds to the member of society. The cause of action to file the complaint had arisen in the year 2001 but this complaint is filed on 4-1-2021 after lapse of 19 years from the expiry of limitation period. The complainant has not filed delay condonation application for filing this complaint or tried to make averments in the complaint for delay in filing this complaint. Absolutely there are no reasons to admit the complaint as it is hopelessly barred by limitation as the complainant has not sent any notice to OP society prior to 4-11-2020 after the alleged payment made on 12-1-1999. Accordingly, we proceed to pass the following;
ORDER
The complaint is dismissed as it is barred by limitation.
Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 18th day of January, 2021).
LADY MEMBER MEMBER PRESIDENT
