BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.174-2015

DATED ON THIS THE 12^th February 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, against the opposite parties, seeking a direction to execute a registered sale deed and issue possession certificate and to pay compensation for the mental agony caused, with other reliefs.
2.     The complainant intending to purchase a residential site from opposite party, deposited a sum of `38,000/- towards initial amount on 15.10.2011.  Based on the number of attempts, the opposite party confirmed the eligibility for allotment of site and requested for submission of documents for verification, before allotment.  A site bearing No.594, measuring 30’ x 40’ situated in Lalithadripura has been allotted to the complainant, on receipt of the balance consideration of `2,86,000/- on 20.10.2012.  The complainant was ready and willing to get registered the site.  Vide letter dated 19.06.2013, the opposite party No.2 informed the complainant that, the allotment of site has been cancelled, as such requested to receive the amount paid.  Hence, the aggrieved complainant filed the complaint seeking reliefs.
3.     The opposite party No.1 in its version, admitted the receipt of consideration, allotment of site, cancellation of allotted site and request letter to collect back the amount deposited.  It is contended that by oversight the application of the complainant was considered for allotment of a site, even though the complainant has not sought a site at Lalithdripura layout.  As such, opposite party got cancelled the allotment and called upon the complainant, to receive back the deposited amount vide letter dated 16.03.2013.  The opposite party got confirmed the cancellation of site vide letter dated 27.03.2013 and informed that the complainant’s seniority will be maintained while considering the allotment of site in R.T.Nagar.  Hence, there is no deficiency in service by opposite party and prays for dismissal of the complaint.
4.     To prove the facts, the complainant filed his affidavit, along with several documents.  The opposite party No.1 fail to lead evidence.  Opposite party No.2 remained absent. Complainant filed written arguments and made oral submissions.  On perusal of the material on record, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant proves the deficiency by opposite party in cancelling the allotment of site at Lalithadripura layout and thereby entitle for the reliefs sought?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant got registered with opposite party authority on 05.03.1992 by depositing a sum of `250/-.  In response to the advertisement by opposite party No.1 on 19.09.2011, deposited a sum of `38,000/- towards a site, measuring 30’ x 40’.  On verification of the documents, the opposite party No.1 allotted a site bearing No.594, at Lalithadripura layout, by collecting another sum of `2,86,000/- in all `3,24,000/- and got issued the sanction letter on 20.10.2012.  In spite of the above, the opposite party No.1 fail to execute a registered sale deed and made the complainant to suffer financial loss, hardship.
8.    The opposite party No.1 admitted the receipt of application for site, receipt of amount (i.e. `3,24,000/-), allotment of site No.594 at Lalithadripura layout and issuance of sanction letter in favour of the complainant.  Further, submits that, it had allotted the site at Lalithadripura layout by oversight, even though the complainant had not applied for a site in that layout, as such, it had cancelled the allotment of site and called upon the complainant to collect back the amount already deposited with it.  Hence, there is no deficiency in service on the part of it and prayed for dismissal of the complaint.
9.    The material on record goes to establish that, the complainant had applied for a site, made deposit of amount, got allotted and sanctioned site at Lalithadripura layout, measuring 30’ x 40’, in his favour.  The complainant also admitted the writ petition filed before the Hon’ble High Court of Karnataka and same had been withdrawn.  However, the admissions of opposite party No.1 regarding the allotment of site in favour of complainant, by oversight at Lalithadripura layout, is not justifiable.  Because, on scrutiny of the documents and on satisfying the conditions prescribed only, the opposite party No.1 had issued the sanction letter.  This shows the lapses on the part of opposite party.  Further, since the opposite party No.1 had not made any assertion, regarding the allotment of the said site in favour of anybody else, as such, the opposite party shall confirm the allotment of the site in favour of the complainant as per the sanction letter issued on 20.10.2012 and shall execute a registered sale deed and issue possession certificate in favour of the complainant.  The opposite party No.1 is liable to pay compensation for mental agony, hardship and inconvenience caused to the complainant.  Accordingly, the point No.1 is answered partly in the affirmative.
10. Point No.2:- In view of the above discusssions, we hereby proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party No.1 is hereby directed to confirm the allotment of the site bearing No.594, measuring 30’ x 40’ at Lalithadripura layout, Mysore and to execute the registered sale deed and to issue the possession certificate in favour of the complainant, within 30 days of this order.
3. The opposite party No.1 is hereby directed to pay `25,000/- towards compensation for mental agony, hardship and inconvenience caused and `3,000/- towards the deficiency in service and `2,000/- towards cost of the proceedings, to the complainant, within 30 days of this order.
4. In default, the opposite party No.1 shall pay penalty of `100/- per day to the complainant, till compliance made.
5. The opposite party shall No.1 deposit a sum of `5,000/- towards cost to the Consumer Welfare Fund, within 30 days of this order.   
6. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
7. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 12^th February 2016)