Karnataka

Bangalore 4th Additional

CC/15/1947

Smt. Bhavani G., - Complainant(s)

Versus

The Chief Executive Officer, Karnataka Telecom Department Employees Co Operative Society Limited, - Opp.Party(s)

Sri. Maheshkiran Shetty,

30 Nov 2017

ORDER

Complaint filed on: 04.12.2015

                                                      Disposed on: 30.11.2017

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.1947/2015

DATED THIS THE 30^TH NOVEMBER OF 2017

 

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SRI.D.SURESH, MEMBER

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

Smt.Bhavani G

W/o Praveen Kumar S,

Pushpa Nilaya,

# 19, 1^st main,

2^nd cross, Gouri Palya,

Bengaluru

 

By Adv.Sri.Maheshkiran Shetty     

 

V/s

Opposite party/s

Respondent/s:-

 

The Chief Executive Officer, Karnataka Telecom

Department Employees

Co-operative Society Ltd.,

(Credit and Housing Society) No.30/1, 2^nd floor,

Leeman’s Complex,

Cunningham Road,

Bengaluru-01.

 

• Ex-parte

 

 

ORDER

SMT.ROOPA.N.R, MEMBER

 

            This complaint is filed by the Complainant against the Opposite party (herein after referred as Op) under Sec.12 of CP Act, 1986 praying to pass an order, directing the Op to allot and register a 30’x40’ site in the layout formed by the Op in the name of the project ‘AYUSHMANBHAVA’ and pay sum of Rs.3 lakhs towards the damages, mental agony and harassment and pay the cost of this complaint.

 

          2. The brief facts of the case of the Complainant that she is the member of the Op cooperative society which is registered under the provisions of the Karnataka Co-operative Societies Act, 1959. The main object of the Op is to enroll members, collect sital deposits, purchase lands and form the layout and distribute the same to its members after taking necessary approvals from various statutory authorities and distribute the sites as per the seniority of the members as per the bye laws of the society.

 

          3. The Complainant submits that, one Sri.Sudeep.E.R s/o E.R.Ranganath of Gouribidanur, Chikkaballapur district was the member of the Op society and also paid the requisite membership fees of Rs.1,020/- by way of cheque dtd.22.01.2007 vide his membership no.A-20879.

 

          4. The Complainant submits that the Op started the proposal layout project in the name of ‘AYUSHMANBHAVA’ in the year 2006 and assured the members that, they will allot the site and execute the registered sale deed in favour of the members who pay the sital value. Accordingly as the assurance of the society Sri.E.R.Sudeep had applied for a 30’x40’ dimension in ‘AYUShMANBHAVA’ project and initially he has paid an amount of Rs.2,40,000/- through cheque dtd.22.01.2007 and he paid first instalment amount of Rs.1,20,000/- through cheque dtd.15.06.2007 towards the site. The Op had issued the receipts.

 

          5. It is submitted that Sri.E.R.Sudeep applied for the transfer of his membership and the site in the proposed layout on 14.12.2012 to the name of the Complainant herein and the Op society permitted the same and approved the transfer. Therefore Complainant paid another Rs.1,20,000/- for which the society issued receipt. Totally the Op had received Rs.4,80,000/-. The Op has received the entire site value fixed by them from the Complainant, it has failed to allot and register the site in favour of the Complainant. The Op is not following the rules and regulations and also the bye laws of the society.

 

          6. The Complainant issued legal notice dtd.09.02.2015 through RPAD calling upon the Op to allot and register a site in her favour failing which appropriate legal action will be taken in accordance with law. The said notice was duly served on the Op. After that the Op sent a reply notice dtd.10.03.2015 admitting the contents of the notice. However by virtue of the said notice, they pleaded their inability on untenable grounds. The Complainant left with no other alternative, efficacious remedy to redress his grievance except to approaching this Hon’ble forum for the relief claimed in this complaint.

 

          7. Even though, the notice was served on the Op, but he failed to put his appearance. Hence he was placed ex-parte. So as to prove the case, the Complainant has filed her affidavit by way of evidence and produced documents alongwith complaint and got marked the documents as Ex-A1 to A12. She has also filed her written arguments. Heard the arguments.

 

8. Now the points that arise for our consideration are:

1. Whether the Complainant is a consumer as defined u/s 2(1)d of CP Act ?
2. Whether the Complainant proves that there is a deficiency of service by the Op ?
3. Whether the Complainant is entitled for the relief sought for ?
4. What order ?

         

9.  Our findings on the above points are as under:

 

Point no.1: In the Affirmative

Point no.2: In the Affirmative   

Point no.3: The Complainant is entitled for the relief sought for

Point no.4: As per the final order for the following

         

REASONS

 

          10. Point no.1: It is the case of the Complainant that, she is the member of the Op cooperative society which is registered under the provisions of the Karnataka Co-operative Societies Act, 1959. In earlier one Sri.Sudeep.E.R was the member of the Op and he paid requisite membership fees of Rs.1,020/-. After that he has paid an amount of Rs.2,40,000/- and Rs.1,20,000/- through cheques to the Op towards the site 30’x40’ dimension in the proposed layout project in the name of ‘AYUSHMANBHAVA’ started by Op. It is clearly shows the documents produced by the Complainant marked as Ex-A1 to A4. That Sri.Sudeep.E.R applied for transfer of his membership & site in the proposed layout on 14.12.2012 to the name of the Complainant and Op society permitted the same and approved the transfer. Thereafter Complainant paid another Rs.1,20,000/- to the Op. The Op issued receipt. The Op has received total amount of Rs.4,80,000/- towards the site. This transaction also clearly shows, on seeing the documents produced by the Complainant marked as Ex-A5 to A8. As to know, whether the Complainant comes within the definition u/s 2(1)d of CP Act is concerned, we come to the conclusion that certainly she comes within the purview of the consumer as defined u/s 2(1)d of CP Act, as she being the prospective buyer of the said site from the Op. Accordingly we answered the point no.1 in the affirmative.

 

          11. Point no.2: The Op has received the entire site amount of Rs.4,80,000/- fixed by him from the Complainant. In this context, the Op issued the receipts, but the Op has failed to allot the site in favour of the Complainant to get it registered the same in the name of the Complainant. The Op has not followed the rules and regulations and also the bye laws of the society. The Complainant issued legal notice through RPAD on 09.02.2015 for calling upon the Op to allot and register a site in her favour failing which appropriate legal action will be taken in accordance with law. There was a typographical error in the said notice dtd.09.02.2015 in 5^th paragraph of the notice with respect to the amount. The same was rectified in the legal notice dtd.09.02.2015 as per the corrigendum dtd.12.02.2015 through RPAD. The both notices were duly served on the Op. After receiving the notices, the Op sent a reply dtd.10.03.2015. In this reply, the Op has admitted the contents of the notice and he agreed to allot the site when the Complainant will reach the seniority, so, wait for another 4 to 5 months. But evenafter two years, the Op did not turn up. It is clearly goes to show that the documents produced by the Complainant marked as Ex-A9 to A12 in support of the claim of the Complainant. On careful scrutiny of the case of the Complainant on the background of oral and documentary evidence, it is vivid and clear that the Complainant who comes to forum seeking relief has proved with clear and tangible material evidence that the Op is negligent and there is deficiency of service on his part in not allotting the site to the Complainant inspite of the repeated requests. Hence, we answered this point in the affirmative.

 

          12. Point no.3: In view of our findings recorded on point no.1 & 2, the Complainant is entitled for the allotment of site from Op as described in para 6 of the complaint. We also directed the Op to pay Rs.5,000/- in the form of damages, mental agony and harassment caused and suffered by the Complainant. We also directed the Op to pay an amount of Rs.2,000/- being cost of litigation to the Complainant.

         

ORDER

 

         

          The complaint filed by the Complainant u/s 12 of the CP Act is allowed in part.

 

          2. We directed the Op to allot the 30’x40’ site in favour of the Complainant as described in para 6 of the complaint, so as to get it register in her name.

 

          3. We hereby directed the Op to pay Rs.5,000/- to the Complainant towards damages, mental agony and harassment.

 

          4. We also directed the Op to pay Rs.2,000/- being the cost of litigation to the Complainant.

 

          5. This order is to be complied by the Op within six weeks from the date of this order. Failing which the Complainant is at liberty to have the redress as per law.

 

 

          Supply free copy of this order to both the parties. 

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 30^th November of 2017).

                                                                        

(SURESH.D)          MEMBER

(ROOPA.N.R)    MEMBER

(S.L.PATIL)  PRESIDENT

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Smt.Bhavani, who being the complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Application for associated membership
Ex-A2 to A4	Receipts
Ex-A5	Transfer of regular/associate membership share capital and site deposit dtd.14.12.12
Ex-A6 to A8	Original receipts
Ex-A9	Legal notice dtd.09.02.15
Ex-A10	Postal acknowledgement
Ex-A11	Corrigendum to the legal notice dtd.12.02.15
Ex-A12	Reply letter dtd.10.03.15

 

 

(SURESH.D)          MEMBER

(ROOPA.N.R)    MEMBER

(S.L.PATIL)  PRESIDENT