Sri M.C.DEVAKUMAR,

     Member

1. The Complainant Sri. B. Rajesh Shenoy has filed the complaint under section 35 of the CP Act 2019, against the opposite party No.1 the Secretary,  Karnataka Telecom Employees Co-operative Society Ltd., opposite party No.2 the President,  Karnataka Telecom Employees Co-operative Society Ltd.,  Bengaluru  alleging deficiency in service and seeking a direction to the opposite parties to allot a site measuring 40 X 60 feet situated in the layout by name Kuberanandasagara layout, Yelwala, Mysuru and to execute a registered Sale Deed in his favour and to issue all the relevant documents.  Further to pay compensation of Rs.4,50,000/- towards causing inordinate delay, tension, trauma with cost of the proceedings of Rs.25,000/- and such other reliefs.

2.     The complainant submit that, he was lured by the advertisement given by the opposite party society regarding acquisition, development and sale of residential plots, by duly obtaining the necessary approval from the competent authority.  Believing the promises, he has taken the membership with opposite party society represented by its president (opposite party No.2) and secretary (opposite party No.1).  The opposite party society has allotted the membership bearing No.A-23647 and the same was for allotment of a site measuring 40 X 60 feet situated at “Kuberananda Sagara” layout, Yelwala, Mysore taluk.  He has deposited a sum of Rs.1,92,000/- on 25.07.2007, Rs.1,77,600/- on 18.09.2007 and Rs.1,77,600/- on 31.10.2007.  In all he has paid Rs.5,47,200/- to the opposite party society.  At the time of receiving the consideration, the opposite parties have assured that the site would be allotted and the possession would be handover by executing necessary deed of conveyance within 18 months from the date of payment.  However, the opposite parties have failed to comply the promises, despite of several reminders and demands, till the end of January-2020.  In the meanwhile, it is learnt that the opposite party society have allotted site to other members by overlooking his seniority thereby, he got issued legal notice on 25.02.2020 calling upon the opposite parties to do the needful but the same was neither replied nor complied.  As such, alleged deficiency in service by the opposite parties and filed the complaint seeking reliefs.

3. Despite the service of notice issued by this Commission, both the opposite parties remained absent.  Hence, placed them as exparte.

4. The complainant filed his affidavit evidence by way of examination in chief same is taken as PW.1 and the documents furnished on record and marked as Exhibit P.1 to P6.  The complainant also filed his written arguments.  Heard the oral submissions and the matter is set down for orders.

5. The points that would arose for our consideration are as under:

1. Whether the complainant establishes the deficiency in service by the opposite parties and thereby he is entitled for the reliefs?

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 opposite party No.1 is the Secretary and the opposite party No.2 is the President of the society registered under the Karnataka Co-operative Societies Act 1959 bearing registration No.UBC/3/UBA/151/99-2000.  The main object of the aforesaid society was to acquired land and convert the same into residential layout consisting of various dimensions.  The opposite parties society had invited the publics to get the membership and to pay the consideration, as when it is called for, towards allotment and handing over the residential plots by executing the registered sale deed.

8. The complainant as one of the aspirant to purchase the site from the opposite parties society, obtained the membership, by depositing the prescribed fee and subsequently deposited a total sum of Rs.5,47,200/- with the opposite parties society, between 25.07.2007 and 31.10.2007 towards consideration for purchase of the site measuring 40 X 60 feet situated in opposite parties layout by name “Kuberananda Sagara” layout, near Yelawala, Mysore Taluk.  It is noticed that the opposite parties society despite receiving the amount way back in the year 2007, had failed to allot a site to which they have received the amount kept on dodging to allot the site and execute necessary documents in favour of the complainant.  The payment of the aforesaid amount to the opposite parties society have been established by the complainant vide exhibits P.1, 2, 3 and 4 and the demand made by the complainant by issuing the legal notice dated 25.02.2020 (Exhibit P.5) and the postal acknowledgement card (Exhibit P.6).  The reluctant and negligent attitude by the opposite parties clearly established that they have committed deficiency in service to the complainant, by retaining the amount deposited towards allotment of the site till date, which goes to establish that the cause of action is continuing one as held by the Hon’ble National Commission in catena  of consumer complaints.  Thereby the complaint filed by the complainant is maintainable.  As such, this Commission is of the opinion that, the opposite parties society represented by opposite party Nos.1 and 2 is liable to allot a residential site measuring 40 X 60 feet, in their layout by name “Kuberananda Sagara” layout, developed near Yelwala, Mysure taluk and handover the possession by executing all the relevant registered deed of conveyance in favour of the complainant.  Further, for having caused mental agony, hardship and harassment and for the deficiency in service, the opposite parties society (opposite party Nos.1 & 2) are liable to pay compensation to the complainant.  Hence, the point No.1 is answered partly in the affirmative.

9.  Point No.2:- In view of the above discussions, the complaint filed by Sri B. Rajesh Shenoy deserves to be allowed in part. Hence we proceed to pass the following:

                                                                                             :: ORDER ::

1. The complaint is allowed in part.
2. The opposite parties represented by its Secretary (Opposite party No.1) and President (Opposite party No.2) are jointly and severally hereby directed to allot a residential site measuring 40 X 60 feet situated in their “Kuberananda Sagara” layout, near Yelwala, Mysore Taluk and execute all the registered deed of conveyance by handing over the same in favour of the complainant within 60 days from the date of this order.
3. The opposite parties society represented by its Secretary (Opposite party No.1) and the President (Opposite party No.2) are jointly and severally hereby directed to pay compensation of Rs.1,00,000/- for causing mental agony, hardship, harassment etc., and also to pay Rs.10,000/- towards cost of the proceedings to the complainant within 60 days from the date of this order.
4. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Commission on this the   19^th   April 2021)