Date : 31.01.2022

Com/s By:

OPs:

ORDER PRONOUNCED

        Complainant filed this complaint against the OP for refund of the amount paid towards allotting the site (sital value) along with interest, taxi charges, for visiting the society and the site Rs.5,00,000/- for mental agony, miscellaneous charges in all Rs.19,11,240/-, alleging that there is deficiency in service in not allotting the site though received the amount.

        During the pendency of the complaint, OP though appeared did not file the version within time and the right to file the version was forfeited and the application filed in that regard was also dismissed.

        On 16.03.2021, OP paid a sum of Rs.2,00,000/- towards the part payment of the claim by way of cheque. In view of this the claim of the complainant is admitted.  Further complainant has also produced the application for becoming associate member of OP application for site, receipt issued by OP for receiving Rs.4,82,375/- being the share amount, share fee, admission fee, miscellaneous fee and site deposit.  Complainant has also requested OP on 09.08.2018 to refund the amount, since the site was not allotted.  Another letter dated 21^st January 2020 and 20.02.2020 was also written.  OP as per Ex.P5 sent a letter to the members that they are currently in touch with the developers for refund of the amount to the members, as all the payments received was handed over to the developer for land procurement.  

        When this is taken into consideration, and the payment made, it is clear that the complainant, though became member by paying th4e sital value was not allotted with the site as agreed by OP.  Hence there is deficiency in service on the part of OP.

        Further, OP has refunded only Rs.2,00,000/- out of the amount received. Though he has undertaken to refund the balance amount, the same has not been paid. In view of this we pass the following;

ORDER

        Complaint is allowed in part with cost.

        OP is directed to refund Rs.2,84,375/- along with interest at 12% per annum till payment of the entire amount and on Rs.2,00,000/- from the date of receipt till 16.03.2021.

OP is further directed to pay a sum of Rs.50,000/- towards damages for causing mental agony, physical strain and financial loss and Rs.10,000/- towards litigation expenses within 30 days from the date of receipt of this order.

MEMBER                         PRESIDENT