Date of Filing : 25.07.2011
Date of Order : 30.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 30th APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 167 / 2012
Smt. Vijaya,
W/o. Late M. Narasimhan,
Aged about 45 years,
R/o. D.No. 36, Vasanth Nagar,
Dasarahalli, BEML Nagar Post,
KGF.
Rep. by her GPA holder Sri. N. Jagadesan
(Son of the Complainant)
(By Sri. K.P. Murali, Adv.) ……. Complainant
V/s.
1. The President,
Earth Movers Employees House Building
Co-operative Society Ltd.,
No. 402, Behind Rajappa Mata,
SNR Hospital Circle, Kanakanapalya,
Kolar.
2. The Secretary,
Earth Movers Employees House Building
Co-operative Society Ltd.,
No. 402, Behind Rajappa Mata,
SNR Hospital Circle, Kanakanapalya,
Kolar.
(By Sri. Sama Rangappa, Adv.) …… Opposite Parties
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
Complainant has made this Complaint seeking direction to the OPs to deliver possession of Site and to pay Rs.50,000/- as damages making certain allegations.
2. Ops have filed the version admitting the transaction and agreeing to pay Rs.2,50,000/- to the Complainant.
3. Counsel for the Complainant has agreed to receive the money. But, OPs wanted 6 months time to pay the said amount for which Counsel for the Complainant opposed. Heard.
4. The points that arise for our consideration are:
(A) Whether there is deficiency in service ?
(B) What order ?
5. Our findings are:
(A) Positive
(B) As per detailed order for the following reasons
REASONS
6. In this case, Complainant had paid certain amount to the Ops regarding purchase of Site. OPs have not demarked the site nor delivered the site to the Complainant and the amount received by them has not been returned even. However, parties are agreeable to pay and receive Rs.2,50,000/- and certain time is required for the Ops to pay the same. Already several years are elapsed. Ops are also under certain distress for some time. Hence, under these circumstances, we hold the point accordingly and pass the following order:
ORDER
1. Complaint is allowed in part.
2. Ops are directed to pay Rs.2,50,000/- to the Complainant within 60 days from the date of this order.
3. If for any reasons, Ops fail to pay the said amount within 60 days, then it shall pay to the Complainant the said sum of Rs.2,50,000/- with interest @ 12% P.A. from 01.12.2007 until payment within 90 days from today.
4. Ops are also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.
5. Ops are directed to send the amount to the Complainant as ordered above by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents.
6. Send copy of the Order to the parties concerned free of cost.
7. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 30th day of April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
