COMPLAINTS FILED ON:09.03.2012

DISPOSED ON:19.06.2012

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

19^th DAY OF JUNE 2012

  PRESENT:-  SRI. B.S. REDDY                    PRESIDENT

                      SRI.A.MUNIYAPPA                     MEMBER               

COMPLAINT Nos.495/2012, 496/2012 & 497/2012

COMMON ORDER

SRI. B.S.REDDY, PRESIDENT

The complainants in complaint Nos.495/2012 and 497/2012 filed these complaints Under Section-12 of the Consumer Protection Act, seeking direction against the Ops to allot alternative sites and to refund the sital deposit with interest and to pay compensation of Rs.7,50,000/- and Rs.10,00,000/- respectively.   The complainant in complaint No.496/2012 is seeking direction against the OP to pay interest on the amount of sital deposit which has been refunded at the rate of 18% p.a. and compensation of Rs.10,00,000/- on the allegation of deficiency in service.

2. In spite of service of notice, Ops failed to appear without any justifiable cause, hence placed ex-parte.

 3.The complainants in order to substantiate complaint averments, each of these complainants filed affidavit. 

4. Arguments from complainant’s side heard,

5.We have gone through the complaint averments, the documents produced and affidavit evidence of complainants.   On the basis of these materials, it becomes clear that in complaint No.495/2012 the complainant became member of the Ops-Society and she has deposited total sum of Rs.37,000/- for the purpose of allotment of a site measuring 30 X 40 feet in the layout proposed to be formed by the OP and she has given preference for allotment of a site at BTM layout.   The Court has struck down the acquisition of the land proposed for the purpose of formation of that layout.   No efforts were made by Ops-Society to allot alternative site.    In response to the complainant’s letter, the OP in its reply letter dt.06.07.2005 informed that the OP has lost about 64 acres of land at Gangenahalli, hence, it is not possible to allot the site at Gangenahalli.   The complainant came to know that Op-society has allotted 200 sites to its members in 2003, without considering her seniority.   In the reply letter dt.18.11.2011 OP has informed the complainant that it has lost 180 acres of land acquired at Nagawara and it has requested the government to allot alternative land.    Ops-society has not considered the seniority while allotting the sites and violated the By-law 53 of the society.   Ultimately, the complainant requested for refund of the deposit amount of Rs.37,000/- with interest and compensation by submitting the letter dt.15.12.2011.    OP in its reply for the same on 03.02.2012 informed that the allotment of site may be delayed, hence they are refunding the amount, cheque for Rs.37,000/- was issued on 31.01.2012.   But the same was dishonoured as ‘Funds Insufficient’.   Thus the complainant felt deficiency in service on the part of the OPs.    As OPs neither allotted the site nor refunded the amount received.  The complainant has deposited an amount of Rs.27,000/- in between 29.03.1885 to 30.09.1992 and Rs.10,000/- on 10.01.1994.   The Pass Book copy produced by the complainant reveals the payments of total amount of Rs.37,000/-.   Thus it becomes clear that Ops though received total amount of Rs.37,000/- towards sital deposit, neither the site was allotted nor the amount has been refunded to the complainant.    The same amounts to deficiency in service on the part of the Ops.    The complainant is entitled for refund of the said amount with interest at 18% p.a. from the respective date of payment, till the date of realization along with litigation cost of Rs.2,000/-.

6. In complaint No.496/2012 the complainant had deposited an amount of Rs.19,000/- on 01.02.1985, Rs.15,000/- on 02.11.1993 and Rs.11,000/- on 04.12.2002, Annexure-A is the copy of the ledger.  Provisional Allotment letter was issued on 31.10.1986 stating that the site measuring 1200 sq ft., was allotted to the complainant in Chanakyapuri Layout, Annexure-B is the Provisional Allotment letter.   Ops by its letter dt.13.12.1993 informed the complainant that they have decided to allot a site in Gangenahalli Layout and the complainant was directed to pay the balance amount of Rs.76,000/-, as the cost of the site is tentatively fixed at Rs.1,10,000/-.   The Ops failed to allot the site, the complainant sought for refund of the amount of Rs.45,000/- with interest by submitting the letter dt.30.11.2011, as per Annexure-E.   OP informed the complainant to receive a cheque dt.31.01.2012 for Rs.45,000/- and rejected the request to pay appropriate interest and compensation.   Annexure-F is the letter written by Ops.   Thus the complainant received only Rs.45,000/- sital deposit under protest.   Now he is seeking for interest on the said amount which has been refunded.   There is no justification on the part of the Ops-Society in not paying the interest on the deposited amount.    In all other similar cases, this Forum is consistently awarding interest on the sital deposit at 18% p.a.    Therefore, the complainant is entitled for interest at 18% p.a. on the said amount of Rs.45,000/- from the respective date of payments,  till 31.01.2012 the date of refund of amount.

7. In complaint No.497/2012 the complainant in all has deposited Rs.69,000/- on various dates from 15.06.1981 to 13.10.1993.    Ops informed the complainant through its letter dt.02.05.1986 that it has decided to allot a site at Gangenahalli Layout and she was demanded to pay the balance of Rs.11,000/- as she had already deposited Rs.27,000/-.    Annexure-A is the ledger extract showing the total amount of deposit made towards allotment of site amounting to Rs.69,000/- Provisional Allotment was received as per Annexure-B.  In spite of repeated correspondence OP failed to allot any site in favour of the complainant.   Ultimately, the complainant demanded to refund the amount of Rs.69,000/- by submitting her letter dt.13.12.2011 as per Annexure-E.   Ops in its reply letter dt.28.12.2011 informed the complainant that there is no by-law to pay the interest on the sital deposit.     Ops in spite of receipt of the sital deposit of Rs.69,000/- neither allotted the site nor refunded the amount which amounts to deficiency in service on their part.    The complainant is entitled for refund of the amount of Rs.69,000/- with interest at 18% p.a. from the respective date of payments,  till the date of realization.

8.There is no reason to disbelieve the unchallenged affidavit evidence of the complainants, the documents produced. The very fact of Ops remaining ex-parte leads to draw an inference that Ops are admitting the claim of the complainants. Accordingly, we proceed to pass the following:

O R D E R

        The complaints filed by the complainants are allowed in part.

In complaint No.495/2012 Ops are directed to refund an amount of Rs.37,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.496/2012 Ops are directed to pay interest at 18% p.a. on the amount of Rs.45,000/- from the respective date of payments till 31.01.2012 and pay litigation cost of Rs.2,000/- to the  complainant.

In complaint No.497/2012 Ops are directed to refund an amount of Rs.69,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the  complainant.

This order is to be complied within four weeks from the date of its communication.

This original order shall be kept in the file of the complaint No.495/2012 and a copy of it shall be placed in other connected files.

Send copy of this order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 19^th day of JUNE-2012.)

MEMBER                                               PRESIDENT

Cs.