BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 30^TH DAY OF APRIL 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. To allot and register the sale deed in favour of the complainant.
2. Or if for any reasons this Hon’ble Commission comes to conclusion that the execution of sale is not possible, then direct the Ops 1 and 2 to refund the amount of Rs.9,00,000/- with 24% interest p.a., from the date of receipt of amounts till the date of payment.
3. Direct to pay damages charges as compensation of Rs.25,00,000/- for causing deficiency of service in allotting and execution of sale deed inspite of receipt of entire amount and for mental agony, torture suffered by the complainant and unethical practice of OP1 and 2 with other reliefs as may deem fit in the interest of justice and equity.

2. The case set up by the complainant in brief is as under:-

It is the case of the complainant that she has become the member of the OP by paying membership of Rs.3,010/-.  The Ops have offered allotment of BIAPPA approved residential sites at Bynahalli, Near Devanahalli Bangalore Rural District.  The OP1 and 2 have fixed the price of the site measuring 30X40 feet was Rs.8,00,000/- and the complainant was agreed for the same. Later the OP1 and 2 have unilaterally enhanced the value of the site from eight lakhs to nine lakhs. The complainant having no other option agreed for the same and as per the direction of the OP1 and 2 the complainant has paid Rs.4,50,000/- on 28.02.2011.

3. Again the OP1 and 2 have insisted the complainant to pay the balance amount of Rs.4,50,000/- and if she paid the entire consideration amount within a month they will execute the sale deed in her favour. Believing the assurance made by the OP1 and 2 the complainant has paid the balance amount of Rs.4,50,000/- on 22.11.2011. After that she is continuously persuing the OP1 and 2 to complete the transaction by executing the registered sale deed in her favour. The OP1 and 2 are neither informing the complainant about the exact location and its topography of proposed property. When the complainant has visited the office of the OP in December 2022 they never gave positive answer and the response of the OP society is very unsatisfactory.  
4. The complainant came to know from some of the other members that the members got membership belatedly got the site and the sale deeds were registered in their names.  Kthis conduct of the OP 1 and 2 reveals that there is no transparency in their transaction and this attitude amounts to criminal breach of trust. In addition to this there were some allegations against the society and their directors for misusing of funds and the OP3 had conducted enquiry on the allegations made by the members and found that the society indulged in misappropriation of funds. Accordingly Vidhana Soudha police have filed FIR against the directors of the society in CR No.97/2023 dated 10.11.2023. the complainant got issued legal notice on 25.12.2023 and inspite of service of notice the Ops neither complied the demand nor replied to the notice.
5. It is further case of the complainant that she is a senior citizen and she could not understand the hidden agenda of Ops in duping the general public.  The complainant would have invested her money in some other project and the appreciation of the land value in Bangalore would not have been less than one crore rupees and the present market value of the properties near Devanahalli is approximately Rs.45,00,000/-.  The complainant in order to cherished her idea to have a site property in Bangalore and time and again she is persuing OP1 and 2 to give effect to their assurances but the OP1 and 2 have not shown any interest and thereby they have not honored their commitments and obligations. Hence the complainant has filed this complaint.

6. In response to the notice, OP has not appeared before this Commission. Hence OP placed exparte.

7. The complainant has filed his affidavit evidence and relies on 8 documents. 

8. Heard the arguments of advocate for the complainant and perused the documents.

9. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

10. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

11. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint and documents 1 to 8.

12. The complainant has reiterated all the allegations made in the complaint and also relied on 8 documents.  The complainant has produced the receipts for having paid the amount towards membership Rs.3,010/- as Ex.P1 and Rs.4,50,000/- each as per Ex.P2 and P3 towards site value, she has also produced the copy of the legal notice as Ex.P4 and postal receipts as per Ex.P8 and Ex.P5 to P7 for having sent the legal notice to OP1 and 2 and inspite of service they have neither replied nor complied the demands of the complainant.

13. The complainant has appeared and led evidence.  Even though the OP have received the entire amount as per Ex.P2 and P3 from the complainant they have miserably failed to allot the sites ignoring the seniority of the members.  The OPs have made the complainant to believe that at one or the other time they will allot their site.  Complainant has waited for more than 14 years by paying the entire sale consideration amount of Rs.9,00,000/-.

14. Even though notice was sent to OP they have failed to appear before this Commission and contest the matter.

15. The complainant became member of the OP society as per Ex.P1 and the OP society have received the amount vide receipt as per Ex.P2 and P3.  The complainant became the member after receiving the membership fee by the OP itself.  If the complainant is not a member of the OP society they would not have received the amount towards allotment of site.  Even though the complainant has started making payment from the year 2011 itself and paid the entire amount in 2011 itself, the OP neither allotted any site in favour of the complainant nor refunded the money.

16. The complainant even though eligible for the allotment as per the seniority list the OP society have allotted sites to some other person without considering her seniority. 

17. The complainant has sought for to direct the Ops to allot the site in the layout formed or refund the amount paid by her and to pay a sum of Rs.25,00,000/- towards damages and mental agony.

18. If the sites are available the OP may be directed to allot the site measuring 30 feet X 40 feet, or alternatively if the sites are not available it would be just and proper to direct the OP to return the amount of Rs.9,00,000/- deposited by the complainant to the OP society.  The complainant has deposited the amount in the year 2011 and paid the entire amount as per the demand made by the OP society.  If such amount is deposited by the complainant in similar such projects could have earned more or got a site or flat of her dream in and around Bangalore city. 
19. The OPs have received the hard earned money from the member/complainant in the year 2011.  Hence the complainant is entitled for 16% p.a., interest.  The complainant is also entitled for compensation of Rs.3,00,000/- and litigation expenses of Rs.10,000/-. Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

20. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to allot the site measuring 30X40 feet, formed by the OP if it is available or in the alternative refund Rs.9,00,000/- with interest @ 16% p.a., from the date of receipt of each payment till realization.
3. OP is further directed to pay Rs.3,00,000/- as compensation with litigation expenses of Rs.10,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 18% p.a. after expiry of 60 days on Rs.9,00,000/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 30^TH day of APRIL, 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party;

NIL