Date of Filing:17.09.2009<br /> Date of Order: 22.12.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 22ND DAY OF DECEMBER 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2233 OF 2009<br /> <br /> Nandakumar<br /> S/o. Late B.K. Srinivasan<br /> R/at No. A-803, Sterling Terrace<br /> Ring Road, Banashankari 2nd Stage<br /> Bangalore <br /> Rep. by his GPA Holder<br /> M.K. Sreevatsa<br /> S/o. Krishnamurthy M.K.<br /> Bangalore 560064 Complainant<br /> V/S<br /> The Amara-Jyothi House Building<br /> Co-operative Society Ltd.<br /> No. 40, M.N.K. Rao Road, Basavanagudi<br /> Bangalore 560 004<br /> Rep. by its Secretary Opposite Party<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the complainant had become member of the opposite party society and opposite party allotted a site by letter dated 22.03.1986. But possession was not given. Complainant has paid total amount of Rs. 25,500/- towards the site value. The complainant waited patiently and co-operated with the opposite party. But opposite party failed to put the complainant in possession of site. Complainant got issued legal notice. Therefore, complainant prayed for a direction to allot site and alternatively opposite party may be directed to refund Rs. 25,500/- with interest and compensation.<br /> 2. Notice issued to opposite party. Opposite party appeared through advocate and defence version filed stating that the complainant has deposited total sum of Rs. 22,922.50 towards site value. The last deposit was on 19.06.1987. The land was acquired by Government. Various litigations are pending in High Court and Supreme Court etc. Lands are not available. It is not the intention of the society to defraud members. There is no agreement to pay interest in case of refund. Opposite party is not liable to pay compensation. Opposite party is not in a position to allot and execute sale deed since no lands are available for formation of sites. Interest claimed by complainant at the rate of 24% is without any basis.<br /> 3. Arguments are heard.<br /> 4. The points for consideration are:<br /> 1. Whether the complainant is entitled for alternate relief of refund of amount with interest?<br /> 2. Whether the complainant has proved deficiency of service on the part of opposite party?<br /> <br /> 5. During the course of argument the learned advocate for the opposite party fairly and rightly submitted that the complainant has totally deposited of Rs. 22,922.50 and for this amount there is absolutely no dispute. The learned counsel for the opposite party argued that opposite party is ready to refund the amount with reasonable rate of interest since, the opposite party is not in a position to form layout on account of various litigations. The opposite party has not formed the layout. Therefore, question of allotment of site and handing over possession does not arise. The only alternate remedy that could be granted to complainant is refund of amount with just and reasonable interest. Since, payment of Rs. 22,922.50 is admitted by the opposite party, the opposite party shall be directed to refund the said amount with interest. Under the facts and circumstance of the case grant of interest at 9% p.a. would be just, fair and reasonable. The complainant has claimed compensation. Question of granting compensation also does not arise since the amount paid by the complainant is being refunded with interest. In the result I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs. 22,922.50 to the complainant along with 9% interest p.a. on the deposit amount from the date of respective deposits till payment / realisation.<br /> 7. The complainant is entitled for Rs. 1,000/- as costs of the present proceedings. <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 22ND DAY OF DECEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings.<br /> <br /> MEMBER<br />