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

DATED 25^TH DAY OF SEPTEMBER 2023

COMPLAINT No.561/2021

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Direct the OP society upon to register the absolute sale deed in respect of the allotted site and hand over the possession of the allotted site No.88 measuring 40X60 feet at Kuberanandhasagara, Maidanahalli, Mysore in A Block with all amenities as assured by the OP society forthwith.
2. Direct the OP society to pay Rs.1,00,000/- as damages to the complainant as against deficiency in service.
3. Direct the OP to pay the legal charge amount of Rs.2,000/-
4. Cost of the proceedings.

2. The case set up by the complainant in brief is as under:-

The complainant agreed to become the member to the OP society in the year 2007 vide membership No.23542 by collecting the fee and advance amount of Rs.1,92,000/- under receipt No.64445, dated 26.06.2007 for the site measuring 40X60 feet and later OP society have also collected the installment amount of Rs.1,77,600/- under receipt No.70373 dated 20.08.2007 and another receipt No.73651 for Rs.1,77,600/-, under receipt No.46477 dated 15.12.2015 for Rs.1,77,600/-, under receipt No.46692, dated 10.01.2015 for Rs.70,000/- and receipt No.46840 dated 02.02.2015 for Rs.50,000/-.   Totally OP society have collected Rs.8,44,800/-.

3. Complainant further submits that on 20.10.2014 OP society have issued site allotment letter by allotting site No.88, Kuberanandhasagara, at Maidanahalli, Mysore A Block.  But the OP failed to register the absolute sale deed in respect of the allotted site to the complainant. Complainant had approached the society on several occasions to get the registration of the absolute sale deed in respect of the allotted site to him and his efforts went in vain. Having no other alternative complainant issued legal notice dated 03.08.2021, but there was no reply from the OP.  Hence the complainant has filed this complaint.
4. After issue of notice OP appeared but failed to file their version within 45 days. Hence the version was rejected.
5. The complainant has filed his affidavit evidence and relies on 05 documents. 
6. Though sufficient time was given to the parties, both the parties have not appeared before this Commission. Hence the arguments of both the parties have taken as nil.
7. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OPs?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

8. Our answers to the above points are as under:

       Point No.1:  Affirmative

      Point No.2 : Party Affirmative

      Point No.3 : As per final orders

REASONS

9. Point No.1 AND 2: Perused the complaint and affidavit evidence of complainant.
10. The complainant filed his affidavit evidence and relied on Ex.P1 to P5. Ex.P1 is the bunch of payment receipts and Ex.P2 is the copy of the letter dated 13.09.2010 issued by the OP and Ex.P3 is the original site allotment letter dated 20.10.2014, Ex.P4 is the copy of legal notice dated 03.08.2021 and Ex.P5 is the postal receipt along with postal acknowledgement cards.

11. It is undisputed fact that the complainant became the associate member of the OP society and paid advance payment of Rs.8,44,800/-/- for the allotment of site measuring 40’X60’ in the project formed by the OP.  The OP has formed a layout and on 20.10.2014 allotted site No.88, Kuberanandhasagara, at Maidanahalli, Mysore A Block, and issued site allotment letter to the complainant as per Ex.P3. After that they have approached the OP and requested them to get the registration of the absolute sale deed in respect of the allotted site to him and all his efforts went in vain.
12. We have gone through the decisions referred by the complainant and also the Judgement passed by the Hon’ble State Commission in A.No.653/2021.

13. The complainant has become the member and made payment of substantial amount as per Ex.P1 itself. The OP have collected the amount in the year 2007 itself, and allotted the site No.88, through allotment letter dated 20.10.2014, but failed to register the absolute sale deed in respect of the allotted site to the complainant.

14. If the complainant has invested the amount paid to the OP in the year 2007 in any of the other projects or in the bank he would have got the site or the interest on the said amount. The OP have neither returned the amount nor registered the site even though it was allotted site No.88 on 20.10.2014 as per Ex.P3.

15. It is pertinent to note here that during the pendency of this complaint, the complainant has agreed to settle the matter with the OP. He has also paid the balance amount of Rs.2,83,200/- in favour of the OP society through DD and also requested the OP to get the sale deed register in his favour. This commission has kept the DD in the safe custody since the complainant has paid the amount subject to execution of the absolute sale deed.  Inspite of given sufficient opportunity the OP never come forward to execute the registered sale deed in favour of the complainant and also to receive the DD.

16. It is clear from the above evidence and the documents that even though the complainant is ready to get the site registered in his favour the OP has simply dragged the matter for one or the other reason. The complainant has also paid the balance amount as per the demand made by the OP.

17. The complainant has sought the relief to direct the OP to execute the registered sale deed in respect of allotted site No.88. The OP has allotted the site No.88 in the year 2014 itself.  Whether the site is available or not for registration is not known to the complainant. If this commission pass the order directing the OP to register the absolute sale deed in favour of the complainant relating to site No.88 if it is not available the order will become unexecutable. Under these circumstances, we feel it is necessary to direct the OP to execute the registered sale deed relating to site No.88 in favour of the complainant, if site No.88 is available in the layout formed by the OP society and if it is not available the OP is directed to refund the amount with interest. The complainant has clearly established the deficiency of service and negligence on the part of the OP, since the complainant has paid the entire consideration amount from 2006 till 2014 the OP has not taken any steps for registration of the site in favour of the complainant. If the sites are not available then it is the duty of the OP to refund the amount with nominal interest in favour of the complainant. Instead of registration of the site or refund of the amount the OP has simply dragged the matter for one or the other reason without giving any relief to the complainant. Hence we answer point No.1 in the affirmative and point No.2 party in the affirmative.

18. Point No.3:- In view the discussion referred above the complaint is liable to be allowed with direction to the OP to register the site NO.88 Allotted in favour of complainant after received the balance amount from the complainant. If the OP failed to register the site in favour of the complainant, he is directed to refund the amount of Rs.8,44,800/-  with interest at 14% p.a., from the date of respective payment till realization. The complainant is also entitled for compensation of Rs.1,00,000/- with Rs.10,000/- litigation charges within three months from the date of this order.  we proceed to pass the following;

O R D E R

1. The complaint is allowed.
2. OP is directed to register the absolute sale deed in favour of the complainant in respect of site No.88 allotted to the complainant after collecting the balance amount from the complainant within three months from the date of this order. If the OP fails to execute the register the sale deed in favour of the complainant, OP is directed to refund the sale consideration amount of Rs.8,44,800/- with interest at 14% p.a., from the date of respective payment till realization.
3. OP is further directed to pay the compensation of Rs.1,00,000/- with Rs.10,000/- litigation charges to the complainant.
4. The OP shall comply this order within three months from this date, failing which the OP shall pay interest at 15% p.a. on Rs.8,44,800/- paid by the complainant after expiry of three months till allotment of site.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 25^TH day of SEPTEMBER, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;