Karnataka

Bangalore 4th Additional

CC/10/840

Smt S.Uma W/o Y.C.Hulluriahia - Complainant(s)

Versus

The President, Vyalikaval House Building Co Operative Society Ltd - Opp.Party(s)

In Person

13 Aug 2010

ORDER


BEFORE THE IV ADDITIONAL DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM, BANGALORE URBAN,Ph:22352624
No:8, 7th floor, Sahakara bhavan, Cunningham road, Bangalore- 560052.
consumer case(CC) No. CC/10/840

Smt S.Uma W/o Y.C.Hulluriahia
...........Appellant(s)

Vs.

The President, Vyalikaval House Building Co Operative Society Ltd
The Secretary, Vyalikaval House Building Co Operative Society Ltd
...........Respondent(s)


BEFORE:
1. Anita Shivakumar. K 2. Ganganarsaiah 3. Sri D.Krishnappa

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Complaint filed on: 15-04-2010 Disposed on: 13-08-2010 BEFORE THE BANGALORE IV ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 C.C.No.840/2010 DATED THIS THE 13th AUGUST 2010 PRESENT SRI.D.KRISHNAPPA., PRESIDENT SRI.GANGANARASAIAH., MEMBER SMT. ANITA SHIVAKUMAR. K, MEMBER Complainant: - Smt.S.Uma w/o. Y.C.Hulluraiah, # 270, 10th Main Road, 4th “S” Cross, RPC layout, Vijayanagar, Bangalore-40 V/s Opposite parties: - 1. President and 2. Secretary, The Vyalikaval House Building Co-operative Society Ltd, Malleswaram, Bangalore-03 O R D E R SRI. D.KRISHNAPPA., PRESIDENT., The grievance of the complainant against the opposite party in brief is that, she as a member of the OP house building co-operative society applied for allotment of a site at Belekahalli near Bannerghatta Road measuring 40 ft X 60 ft in the year 1994. That the OP had fixed the provisional costs of site at Rs.43,000/- and she on various dates paid a total sum of Rs.59,000/- to the OP towards the cost of the site. Thereafter she approached the OP several times for allotment of site. Then the OP on 19-1-1988 issued a provisional letter of allotment, allotting a site in Vishweshwara Nagar, 2nd Stage extension, Belekahalli admitting receipt of Rs.44,000-00 as on that date and requested her to pay the balance amount of Rs.10,000/-. Accordingly, she paid Rs.15,000/- and with that payment, she has paid Rs.59,000/-. But thereafter the OP did not allot the site to her as proposed. Then she realized that proposed layout was not completed. Therefore requested for allotment of site in Nagavara layout for which the OP issued a letter on 26-6-2000 demanding balance of Rs.1,80,000/- as additional cost, in addition to the amount she had already paid towards allotment of site measuring 30 ft X 40 ft. The complainant has stated as she was not able to pay that amount due to her financial difficulties. She gave a representation to Health Minister and Chief Minister and an authority of the Co-operative Society department. But she received no relief and therefore has prayed for a direction to the OP to repay her advance amount with interest and to award compensation. 2. 2nd OP to whom notice of the complaint was duly served has appeared through an advocate, latter on the OP neither filed version nor affidavit evidence. The complainant in the course of enquiry has filed her affidavit evidence and she has produced copies of documents in proof of her membership, payment of advance money and copies of representation given to various authorities. We have heard the counsel for the complainant and perused the records. 3. Copies of letters of the OP produced by the complainant prove, OP has admitted receipt of Rs.59,000/- from the complainant towards allotment of site. A copy of representation she had given to the OP also discloses that there is a reference to the payment made by the complainant to the OP. The complainant has also produced a copy of letter, she had addressed to the 2nd OP on 31-3-2010 narrating her plight from day one of her application for allotment of site till date, about efforts she made to get a site and negligence exhibited by the OP and thereafter she finally requested the 2nd OP to refund her money. The 2nd OP acknowledged the receipt of this letter with signature and seal on 3-4-2010. But despite that the OP have not shown any indulgence in Redressal of grievance of the complainant. On perusal of the materials and affidavit evidence of the complainant proves that the complainant had paid Rs.59,000/- to the OP towards allotment of a site. But the OP neither allotted a site nor refunded the money. Though the issue is of the year 1994 and since from that year the complainant made efforts to get a site but has not been given the relief. The letter of the OP dated 26-6-2000, the letter of a deputy registrar of co-operative society addressed to the OP on 12-1-2005 and the evidence of the complainant that she is continuously approaching OP for relief either to provide a site or to refund her money is not heard by the OP and issue did not come to an end despite all efforts till 31-3-2010. Under the facts and circumstances of the case, she who is at receiving end could not have taken an offensive step to get the issue conclusively for redressal. Therefore, we can not under these circumstances hold that the claim of the complainant is belated. Having regarding to the agony and financial hardship the complainant has suffered we find that justice demands to direct the OP to refund the complainant’s money with interest, with the result we allow the complaint and pass the following order: O R D E R Complaint is allowed. OP is directed to refund Rs.59,000/- to the complainant with interest at 16% per annum from the date of respective payments till that amount is refunded. OP is directed to refund that amount with interest within 45 days from the date of this order. OP shall also pay cost of Rs.2000/- to the complainant. Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this the 13th August 2010. MEMBER MEMBER PRESIDENT




......................Anita Shivakumar. K
......................Ganganarsaiah
......................Sri D.Krishnappa