COMPLAINT FILED ON: 08.11.2010

DISPOSED ON: 08.03.2011

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

8^TH MARCH 2011

       PRESENT :- SRI. B.S.REDDY                PRESIDENT                        

                         SMT. M. YASHODHAMMA    MEMBER    

                         SRI.A.MUNIYAPPA               MEMBER   

        Ex parte

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the OP (herein after called as O.P) to execute the absolute sale deed in respect of the site allotted alternatively to refund the amount of Rs.74,076/- along with interest at 24% p.a. and compensation of Rs.2 lakhs and litigation cost on the allegations of deficiency in service.   

2.      The brief averments made in the complaint are as follows:

       Complainant being attracted with advertisement propaganda issued by the OP who claims to be an association engaged in formation of residential sites of various dimension and forming of layout in and around Bangalore thought of becoming the member of the OP association. OP accepted the membership of the complainant. OP after receiving the consideration of Rs.74,076/- on different dates from the complainant issued cash receipts and executed Hakku Patra in favour of the complainant allotting site bearing No.1151/A situated at survey No.29 measuring 30 X 40 ft. situated at Srigandada Kaval, SunkadaKatte Dakale, Yeshwanthapur Hobli, Bangalore North Taluk. Copy of the Hakku Patra dated 15.09.1997 is produced.  Thereafter OP failed and neglected to register the absolute sale deed in favour of the complainant. Fed up with the attitude of the OP complainant lodged complaint before Lokayukta along with other members of the OP society.  After lodging of the complaint by the complainant the president of the OP gave letter of undertaking in the presence of Hon’ble Lokayukta promising to provide alternative clear site not only to the complainant but also to other members who have been placed in similar situation i.e., who have been allotted site in the places meant for park or civic amenities. Copy of the undertaking is produced. Inspite of undertaking by the president of OP; OP has failed and neglected to register the absolute sale deed in favour of the complainant. On 05.05.2010 complainant gave a representation to the president of OP requesting to execute and register the absolute sale deed in favour of the complainant.  Inspite of the said representation OP failed and neglected to register the absolute sale deed in favour of the complainant. In this regard there was a quarrel between complainant her family members due to negligence of OP.  Complainant and her family members are put to mental agony and harassment.  Inspite of repeated requests when OP failed to register the sale deed complainant felt deficiency in service on the part of the OP. Under these circumstances she was advised to file this complaint for the necessary reliefs.

3.      On registration of the complaint notice is sent to OP. Inspite of service of notice OP remained absent without any sufficient reason or cause.  Hence OP is placed ex-parte.

4.      In order to substantiate the complaint averments complainant filed her affidavit evidence and produced cash receipts issued by OP, Hakku patra dated 15.09.1997, copy of the letter of undertaking of OP dated 22.04.2009 and letter dated 05.05.2010. Arguments of complainant heard.

5.      It is the case of the complainant that she became the member of the OP association who engaged in formation of residential sites of various dimensions and forming of layout in and around Bangalore. OP accepted membership of the complainant after receiving consideration of Rs.74,076/- on different dates. OP has executed the receipts for having received the consideration and also has executed Hakku Patra in the name of the complainant allotting a site bearing No.1151/A, 2^nd cross, ‘B’ Block measuring 30 X 40 ft. formed in survey No.29, situated at Srigandada Kaval, SunkadaKatte Dakale, Yeshwanthapur Hobli, Bangalore North Taluk.  We have perused the copy of the Hakku Patra issued by OP in favour of the complainant dated 15.09.1997. In pursuance of the issuance of the Hakku Patra OP has failed and neglected to register the absolute sale deed in favour of the complainant. Hence complainant lodged complaint before Lokayukta along with other members of the OP society. Before Lokayukta OP undertook promising to provide alternative site not only to the complainant but also to other members who have been placed in similar situation i.e., who have been allotted site in place meant for park or civic amenities.  We have perused the copy of the letter of the undertaking given by the president of OP dated 22.04.2009; OP though allotted a site bearing No.1151/A in favour of the complainant but failed to register the same in favour of the complainant.

6.      Inspite of undertaking given by the president of OP on 22.04.2009 till date; OP has failed and neglected to register the absolute sale deed in favour of the complainant in respect of the site allotted to the complainant. Again on 05.05.2010 complainant made another representation to the OP requesting to execute and register the absolute sale deed in favour of the complainant in respect of the said site. We have perused the copy of the letter dated 05.05.2010. There was no response from OP.  Hence complainant approached this forum for the appropriate reliefs.

7.      From the unchallenged affidavit evidence and the documents produced by the complainant we are satisfied that OP having accepted the entire sale consideration of Rs.74,076/-  from the complainant in the year 1993 to 1995 and inspite of executing Hakku Patra in favour of the complainant in the year 1997 and further inspite of giving undertaking on 22.04.2009 before Hon’ble Lokayukta has failed to execute the absolute sale deed and register the same in favour of the complainant. Inspite of due notice from this forum OP has remained absent without any sufficient reason or cause. From the absence of the OP we can draw the inference that OP admits the allegations made by the complainant in toto. OP having accepted the entire sale consideration of Rs.74,076/- in the year 1993 to 1995 itself till date has failed to execute the sale deed in favour of the complainant and also failed to respond to the letter of the complainant dated 05.05.2010. If OP was aware of the fact that, it cannot execute the sale deed; it could have fairly refunded the amount to the complainant. Retention of amount for more than 16 years amounts to deficiency in service on their part. The relief sought by the complainant is for a direction against OP to execute the registered sale deed. But in the absence of any evidence on record that the sites free from encumbrances and approved by statutory authorities are readily available at the disposal of OP as on today, we cannot direct OP to execute the sale deed. As per the amended complainant; complainant sought for alternative relief of amount paid with compensation of Rs.2 lakhs. The complainant is entitled for alternative relief of refund of amount with interest and reasonable compensation. We are satisfied that complainant is able to prove the deficiency in service on the part of the OP.  Under these circumstances we are of the considered view that the complainant is entitled for refund of amount paid along with interest at 12% p.a. from the date of respective payments till the date of refund and compensation of Rs.1 lakh and litigation cost of Rs.1,000/-. Accordingly we proceed to pass the following:

ORDER

          The complaint filed by the complainant is allowed in part. OP is directed to refund Rs.74,076/- along with interest at 12% p.a. from the respective date of payments till the date of refund and compensation of Rs.1 lakh and litigation cost of Rs.1,000/- to the complainant.

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

(Dictated to the Stenographer and typed in the computer and transcribed by him verified and corrected, and then pronounced in the Open Court by us on this the 8^th day of March 2011.)

                                                  PRESIDENT

MEMBER                                          MEMBER             

gm.