Karnataka

Kolar

CC/10/2017

Sri. Seebannachari - Complainant(s)

Versus

The Commissioner - Opp.Party(s)

10 Oct 2017

ORDER

Date of Filing: 17.01.2017

Date of Order: 10.10.2017

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

DATED 10^TH DAY OF OCTOBER 2017

 

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB…..    MEMBER

SMT. A.C. LALITHA, BAL., LLB           ……  LADY MEMBER

 

C.C.No.07 OF 2017 IS COMBAINED WITH C.C. NOS.08 TO 12 OF 2017

C.C.NO.07 OF 2017

Sri. N.Anjaneyareddy,

S/o. Late Narayanappa,

Aged About 59 Years,

Advocate,

R/at: Ashwini Extension,

Chintamani Town,

Chikkaballapur District.                                   ….  COMPLAINANT.

(In-person)

C.C.NO.08 OF 2017

Sri. Nagaraj.V,

S/o. Late Venkata Krishnappa,

Aged About 63 Years,

R/at: Kagati Village & Post,

Kasaba Hobli, Chintamani Tq.,

Chikkaballapur District.                                 ….  COMPLAINANT.

(In-person)

 

C.C.NO.09 OF 2017

Sri. K.V. Ravi Prakash,

S/o. Late Venkata Krishnappa,

Aged About 52 Years,

R/at: Kagati Village,

Kasaba Hobli,

Chintamani Taluk,

Chikkaballapur District.                                  ….  COMPLAINANT.

(In-person)

 

C.C.NO.10 OF 2017

Sri. Seebannachari,

S/o.Late A.S.Lakshminarasimachar,

Aged About 62 Years,

R/at: Puravara Village,

Madugiri Taluk,

Tumkur District.                                            ….  COMPLAINANT.

(In-person)

C.C.NO.11 OF 2017

Sri. Ramanji.H.L,

S/o. Late Lingappa,

Aged About 63 Years,

R/at: 2^nd Ward, Opp: Preethi

Public School, Venkatagirikote,

Chintamani Town,

Chikkaballapur District.                                   ….  COMPLAINANT.

(In-person)

 

C.C.NO.12 OF 2017

Sri. K.V. Suresh Babu,

S/o. Late Venkata Krishnappa,

Aged About 47 Years,

R/at: Kagati Village,

Kasaba Hobli,

Chintamani Taluk,

Chikkaballapur District.                                  ….  COMPLAINANT.

(In-person)

 

- V/s -

1) The Commissioner,

Karnataka Housing Board,

Kaveri Bhavan, Near Mysore Bank,

Kempegowda Road,

Bangalore-560 009.

(Rep. by Sriyuth. R.Satish, Advocate)

 

2) The Project Officer,

Karnataka Housing Board,

Kolar.

(OPs in all the above cases)

(Rep. by Sriyuth. R.Satish, Advocate)             …. OPPOSITE PARTIES.

 

-:COMMON ORDERS:-

BY SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

01.   The facts in all the above cases are similar on material aspects and the Ops are one and the same and common arguments submitted by both the parties desired, this common order is passed in the above cases for the sake of convenience and to avoid repetition. 

 

02.   The complainants in the above cases have filed their respective complaints Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties claiming certain reliefs with almost common facts.  The contention of the complainants is that, lured by the advertisement given by OP No.1 in news paper publication No. KGM/Anchike/201C/Gra.Se/2001-02, dated: 28.08.2001, the complainants being houseless/siteless have applied for a site/house via application by making payment of registration fee to the OP No.1.  However with regard to payment of registration fee amount the dates are different, therefore the same has been mentioned in the below mention table:-

 

Sl. No.	C.C. Nos.	DD/receipt No.	Date of payment	Amount
01	07/2017	104676	24.11.2001	1,550/-
02	08/2017	01002100806	10.12.2001	1,050/-
03	09/2017	545474	29.09.2001	1,550/-
04	10/2017	575475	29.09.2001	1,050/-
05	11/2017	01082100805	10.12.2001	1,050/-
06	12/2017	145935	29.09.2001	1,550/-

 

After making payment of the above said amount by the complainants the complainants personally approached the Ops on several times for allotment of sites, but the Ops did not take any action to allot the site/house.  Hence in all these cases, the complainants have sought for issuance of directions against the ops to allot site/house at Chintamani limits or elsewhere near Chintamani Town or in the alternative, to make refund of the deposited amount along with interest at the rate of 24% per annum from the date of deposits till the date of realization along with litigation expenses.

 

 

(g)    Along with the complaint in C.C.No.07/2017 the complainant has submitted the following documents:-

(i)    Copy of the receipt / D.D. for having paid the registration fee amount by the complainant.

 

(ii)   Copy of the Paper Publication.

 

Similar are the documents submitted by the complainants in rest of the cases.

 

03.   In the earlier instance, in spite of service of notice both Ops remained absent, hence both OP Nos.1 & 2 were placed exparte.  However on 20.03.2017 the learned counsel for OP Nos.1 & 2 appeared and filed an application along with affidavit and written version seeking setting aside of the exparte order. 

 

04.   However in the written version filed by the OP Nos.1 & 2, they have taken up the very same contentions in each of all the cases which in brief reads thus:-

 

(a)    It is admitted with regard to the issuance of paper publication/notification by the OP Nos. 1 & 2 inviting for allotment of sites, vide No.KGM/Anchike/2010/Gra.Se/2001-02, dated: 28.08.2001 and the complainants have applied for the same.  Further it is also admitted with regard to the payment of registration fee along with application made by the complainants in each of the cases.  The allegations made in the complaint in respect of great loss, mental agony and injury sustained by the complainant are denied as false.

 

(b)    The OP Nos.1 & 2 further submitted that, when the process of allotment of sites/houses from KHB in the locality itself is not completed, the question of payment of compensation does not arise.  The complainants have not issued any notice prior to filing of these complaints.  The Ops in the year 2001-02 vide its notification / paper publication KGM/Anchike/2010/ Gra.Se /2001-02, dated: 28.08.2001 has invited applications from the eligible houseless/siteless persons to apply for allotment of sites which are to be developed by the OP Nos.1 & 2 under Karnataka House Board Schemes and Regulations.  The Ops are searching for suitable lands for development of sites/houses in and around Chinthamani Town.  But, so far, no such suitable lands were earmarked for the said purpose.  The farmers are not co-operating for acquisition of lands.  All the efforts with regard to the acquisition of lands for formation of sites/houses were still in progress.  So far, no sites are formed, as soon as the process of acquisition of lands from Ops in and around the Chinthamani Town, preference will be given to the complainants as per seniority for allotment of site/house. 

 

(c)    Further contention of the OP Nos.1 & 2 is that, the complainants may apply for allotment of site in other places which were identified and developed by the KHB in the same registration number.  The Ops in the Karnataka Housing Board Regulations 1983, at Para-6(I) has clearly stated that, the Registration Fee/EMD is not refundable.  In para-6(iii) the EMD/Registration Fee shall be refunded, only if no allotment of sites/houses is made to the applicant, only after the allotment of sites/houses is decided by the Board.  In the present notification no such allotment process is completed due to non-completion and development of land acquisition process, for non-co-operation of farmers and others in acquisition of lands.  So contending the OP Nos.1 & 2 have prayed for dismissal of the complaints with exemplary costs.

       

05.   In each of these cases, the respective complainants have submitted their affidavit evidence.  On behalf of OP Nos.1 & 2 on 01.08.2017 Smt. C.K. Manjula, being the Assistant Executive Engineer, Karnataka Housing Board, Chickballapur, has submitted affidavit evidence in each of these cases and on 12.09.2017 the Learned counsel appearing for OP Nos.1 & 2 with Memo has submitted copies of the Government Order and paper publication extracts.

 

06.   In all the above cases, complainants submitted their respective written arguments, however we have heard the oral augments as advanced by the learned counsel appearing for the OP Nos.1 & 2 in all the above cases.

 

07.   In view of the common facts involved these cases have been clubbed so as to pass common order.

 

08.   Therefore following are the common points that do arise for our consideration in all these cases:-

(A) Whether the complainants have proved deficiency of service on the part of the OP Nos.1 & 2?

(B)  Whether the complainants are entitled to the reliefs sought for?

(C)  What order?

 

09.   Our findings on the above stated points in all these cases are:-

POINT (A) & (B):-     In the Negative

 

POINT (C)    As per final order for the following:-

 

REASONS

POINTS (A) & (B):-

10.   Admittedly in the year 2001-02 the OP Nos. 1 & 2 have invited applications for allotment of sites, vide No.KGM/Anchike/2010/Gra.Se/2001-02, dated: 28.08.2001. The complainants have applied for the same by making payment of registration fee and the same is evident from the copies of the receipts/DD submitted by the complainants in each of the cases.  The contention of the complainants is that, in spite of making payment of registration fee and though complainants have approached the Ops on several occasions the Ops neither allotted any sites as assured by them nor refunded the registration fees paid the complainants.

 

11.   Per contra, in the version the Ops have contended that, The Ops are searching for suitable lands for development of sites/houses in and around Chinthamani Town.  But, so far, no such suitable lands were earmarked for the said purpose.  The farmers are not co-operating for acquisition of lands.  All the efforts with regard to the acquisition of lands for formation of sites/houses were still in progress.  So far, no sites are formed, as soon as the process of acquisition of lands is completed from the Ops in and around the Chinthamani Town, the preference shall be given to the complainants as per the seniority for allotment of site/house.  The complainants may apply for allotment of site in any other places which were identified and developed by the KHB in the same registration number. 

 

12.   The Ops further contended that, in the Karnataka Housing Board Regulations 1983, at Para-6(I) it has clearly stated that, “the Registration Fee/EMD is not refundable”.  In Para-6(iii) the EMD/Registration Fee shall be refunded, only if no allotment of sites/houses is made to the applicant, only after the allotment of sites/houses is decided by the Board.

 

13. On perusal of the Government Order bearing No. HUD 31 LIH 77, dated: 07.07.1983 submitted by the Ops at Para-6(I) it reads thus:-

“6. Application-(I) Applications for allotment of sites/houses on lease-cum-sale basis by persons belonging to Economically weaker sections, Low Income Group, Middle Income Group and Higher Income Group shall be in the form for the being approved by the Board which may be obtained from the office of the Board on payment of an amount prescribed by the Board which is not refundable.”

 

In the very same order at Para-6h(iii) it reads thus:-

“(iii) The Earnest Money Deposit/Registration fee shall be refunded, if no allotment of sites/houses is made to the applicant, only after the allotment of sites/houses is decided by the board.”

 

14.   As per the Government Order dated: 07.07.1983 submitted by the Ops the question of repayment of registration fee does not arise and hence we hold that, the Ops are not guilty of deficiency in service.  Further Ops have clearly stated that, the complainants are at liberty to apply for allotment of sites in any other places which were identified and developed by the KHB by using the same registration number.  Hence we hold that, the complainants have failed to prove deficiency in service on the part of the Ops and accordingly we hold Point (A) & (B) in the Negative.

 

POINT (C)

15.   We proceed to pass the following:-

COMMON ORDER IN C.C.NOS.07 TO 12 OF 2017

01.   The complaints are hereby dismissed.  However we direct both parties to bear their own costs.

 

02.   It is ordered to keep original of the common order in C.C. No.07/2017, whereas, the copies thereof in the rest of the cases.

 

03.   Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 10^TH DAY OF OCTOBER 2017)

 

 

LADY MEMBER                           PRESIDENT