Complaint Filed on:12.02.2014 |
Disposed On:24.02.2016 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN
24th DAY OF FEBRUARY 2016
PRESENT:- | SRI. P.V SINGRI | PRESIDENT |
| SMT. M. YASHODHAMMA | MEMBER |
| SMT. P.K SHANTHA | MEMBER |
COMPLAINANT | Sri.Parameshwarappa K.H, S/o Hanumappa, Aged about 42 years, No.85, Anugaraha, Jnanabharathi BDA Layout, Behind Govt. Press Layout, Ullal Main Road, Bangalore-56. Advocate – Sri.C.T Parameshwarappa. V/s |
OPPOSITE PARTY | TALACAUVERY HOUSE BUILDING CO-OP. SOCIETY, No.17, 1st Floor, Yamunabai Road, Madavanagar, Shivananda Circle, Bangalore-560 001. Rept. By its President. Advocate – Sri.A. Sanjay Kumar. |
O R D E R
SRI. P.V SINGRI, PRESIDENT
The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to refund him a sum of Rs.8,40,000/- paid by him towards purchase of a site together with interest and compensation of Rs.6,00,000/- and litigation cost.
2. The brief averments made in the complaint are as under:
The complainant became the member of OP society, in August 2006 by paying requisite fee. In the year 2007, the OP society started development work in Nelamangala Layout and obtained BMRDA Master Plan and assured the members that they would be given sites in the said layout and requested the members to deposit the entire site amount. The OP society further promised to allot site within June 2007. The complainant paid the entire payment of Rs.8,40,000/- for a site measuring 60x40 in the proposed “Tala Cauvery Layout” Mallapura Village, Nelamangala Taluk. The OP society allotted a site measuring 40x60 by issuing site allotment letter on 01.04.2008. Thereafter, the OP society failed to hand over and execute a registered sale deed in respect of the site and hand over the possession of the same. The complainant visited the office of the OP society and requested the office bearers to deliver the possession of the site by executing registered sale deed but they went on postponing the same and later on assured that they would allot a site in other layouts in and around Bangalore. The complainant after waiting for several years could not get the site from the OP society therefore pleaded for refund of the consideration amount paid by him. However, the President went on assuring the complainant that, he will be allotted alternative site somewhere around Bangalore within couple of months. However, the OP society failed to allot any alternate site to the complainant in any other layout as promised by them.
The complainant after having waited for 7 years demanded refund of the consideration amount but again the OP society promised him to allot alternative site in other layout which never happened. Therefore, the complainant got issued a legal notice demanding refund of the entire consideration amount of Rs.8,40,000/- together with interest @ 24% p.a. Despite service of notice, OP society failed to refund the consideration amount and again went on assuring that they would allot an alternative site. Therefore, the complainant was compelled to approach this Forum.
For the aforesaid reasons, the complainant prays for an order directing the OP society to refund him a sum of Rs.8,40,000/- together with interest @ 24% p.a from the date of payment till the date of realization and compensation of Rs.6,00,000/- for mental agony, hardship undergone by him with litigation cost.
3. In response to the notice issued, the OP society appeared through their advocate and filed their version contending that the complainant is a member of society and also admitting the receipt of Rs.8,40,000/- from the complainant towards allotment of site and also admitting letter of allotment dated 01.04.2008 in favour of complainant and further contended as under:
The OP society was to get 800 sites from the developer in the residential layout developed at village Mallapura. However, the developer handed over possession of only 650 sites. Therefore, OP could not allot sites to all its members. The said developer has agreed to allot the remaining sites either at Mallapura layout or in other layout, being developed by him adjacent to Mallapura layout. That the OP society explained the difficulty to the complainant whenever he visited their office and promised to allot him site measuring 40x60 in a adjacent layout soon they get the possession of the same from the developer. The OP society could not allot site to the complainant as promised in the allotment letter only because they could not get entire 800 sites from the developer. The OP society is ever ready to allot a site to the complainant as soon as they get the same from the developer for which the complainant has to wait for few more months. Otherwise the OP society is also ready to refund the consideration amount to the complainant without interest and compensation. There is no deficiency on the part of OP society and it is ready to allot a site to the complainant if at all he waits for few more months.
For the aforesaid reasons, OP prays for dismissal of the complaint.
4. The complainant to substantiate the allegations made in the complaint filed his affidavit evidence in lieu of oral evidence. Similarly the OP society filed affidavit evidence of President in support of the averments made in the complaint. Both the parties have produced certain documents in support of their respective contentions. Written arguments have been submitted by both sides.
5. On the rival contention of both the parties, the points that arise for our determination in this case are as under:
1) | Whether the complainant proves the deficiency in service on the part of the OP society as alleged in the complaint? |
2) | What relief or order? |
6. Perused the allegations made in the complaint, averments made in the version, sworn testimony of both parties, written submissions, documents placed on record and other materials placed on record.
7. Our answer to the above issues are as under:
Point No.1:- | In Affirmative |
Point No.2:- | As per final order for the following |
REASONS
8. It is not in dispute that the complainant is member of OP society. OP society admits that, the complainant applied for a site measuring 40x60 in a layout developed at Mallapura village, Nelamangala Taluk and paid entire consideration amount of Rs.8,40,000/- on different dates. The OP society also admits that. the complainant was issued with a letter of allotment dated 01.04.2008 allotting a site measuring 40x60 in the said layout being developed at Mallapura village. The complainant has produced the copies of receipt for having paid a sum of Rs.8,40,000/- to the OP society which is admitted by the OP society.
9. The complainant alleges that, despite issuing allotment letter, he was not delivered site in the said layout and no registered sale deed was executed in his favour. Admittedly, the complainant after having paid the entire amount in the year 2007 was waiting for the society to deliver him possession of the site by executing a registered sale deed. The OP society also not disputed the fact that the complainant visited their office several times requesting for delivery of site and registered sale deed. However, the OP society contends that they could not allot a site to the complainant at Mallapura layout as they could not get 800 sites of different dimensions promised by the developer. It is contended by the OP society that, they fell short 150 sites. Therefore, requested the complainant and other members to wait for some more time so that they could allot them sites in other layouts being developed beside the Mallapura layout.
10. The complainant admits that, the OP society promised him allotment of site in some other layout and despite their promise to allot a site in a couple of months, the society never allotted any alternative site to the complainant in any other layout. The complainant has waited more than 7 years after payment of a huge sum of Rs.8,40,000/-. The OP society despite their repeated promises never allotted any site to the complainant till filing of the complaint. Though they promised to allot alternate site in their version but till today no alternate site has been allotted to the complainant subsequent to filing of the complaint. Thus, it is apparent that, the OPs are making false promises day in and day out, which amounts to gross deficiency in service.
11. The OP society has agreed to refund the entire consideration amount to the complainant. However, it is submitted that, they are unable to pay interest on the same as well as compensation. The OP society has retained the said sum of Rs.8,40,000/- with them since from the year 2007. If at all they were not able to allot any site to the complainant within a reasonable time they ought to have refunded the said amount to the complainant. Thus looking to the conduct of OP society in retaining the said amount for the last more than 9 years, we feel it appropriate to direct the OP society to refund the said amount together with interest @ 12% p.a. The conduct of OP society in not allotting the site and also in not refunding the consideration amount for a long time must have put the complainant to great hardship, mental agony and inconvenience. Therefore, the OP society has to be directed to pay compensation of Rs.1,00,000/- for the same.
12. The order could not be passed within the stipulated time due to heavy pendency.
13. In view of the discussions made above, we proceed to pass the following:
O R D E R
The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed. The OP society is directed to pay a sum of Rs.8,40,000/- to the complainant together with interest @ 12% p.a from the date of receipt till the date of realization together with compensation of Rs.1,00,000/- and litigation cost of Rs.5,000/-.
This order is to be complied within six weeks from the date of communication of this order.
Furnish free copy of this order to both the parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 24th day of February 2016)
MEMBER MEMBER PRESIDENT
Vln*
Complainant | - | Sri.Parameshwarappa K.H, Bangalore-56. |
| V/s | |
Opposite Party | | TALACAUVERY HOUSE BUILDING CO-OP. SOCIETY, Bangalore-560 001. Rept. By its President. |
Witnesses examined on behalf of the complainant dated 05.06.2014.
- Sri.K.H Parameshwarappa.
Documents produced by the complainant:
1) | Document No.1 is the copy of site allotment letter dated 01.04.2008. |
2) | Document No.2 is the copy of Special Notice dated 01/29.05.2007. |
3) | Document No.3 is the receipt for payment of advance amount dated 11.08.2006. |
4) | Document No.4 is the receipt for payment of advance amount dated 11.09.2006. |
5) | Document No.5 is the receipt for payment of advance amount dated 03.10.2006. |
6) | Document No.6 is the receipt for payment of advance amount dated 06.10.2006. |
7) | Document No.7 is the receipt for payment of advance amount dated 06.10.2006. |
8) | Document No.8 is the receipt for payment of advance amount dated 27.09.2007. |
9) | Document No.9 is the receipt for payment of advance amount dated 31.08.2006. |
10) | Document No.10 is the receipt for payment of advance amount dated 13.02.2008. |
11) | Document No.11 is the receipt for payment of amount dated 14.02.2008. |
12) | Document No.12 is the legal notice dated 01.02.2014. |
13) | Document No.13 is the AD card and Postal receipts. |
14) | Document No.14 is the reply notice dated 07.02.2014. |
Witnesses examined on behalf of the Opposite party dated 02.08.2014.
- Sri.K.V Venkateshaiah.
Document produced by the Opposite party:
1) | Document No.1 is the copy of MOU between OP and Kanva Developers, Bangalore dated 23.12.2008. |
MEMBER MEMBER PRESIDENT
Vln*
