BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 102/10.
THIS THE 23rd DAY OF MAY 2011.
P R E S E N T
1. Sri. Pampapathi B.sc.B.Lib. LLB PRESIDENT.
2. Sri. Gururaj, B.com.LLB. (Spl) MEMBER.
3. Smt. Pratibha Rani Hiremath,M.A. (Sanskrit) MEMBER.
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COMPLAINANT :- Babu Ashappa S/o. Hanumanthappa, Age: 53
years, Occ: Government Servant, in H.P.S. R/o. Station Bazar, Raichur.
//VERSUS//
OPPOSITE PARTY :- The Secretary, Government Employees
Housing Co-operative Society Ltd., Raichur.
CLAIM : For to direct the opposite to executive
registered sale deed by allotting a plot of the completing all formalities, to pay compensation amount of Rs. 30,000/- with cost and interest.
Date of institution :- 25-11-10.
Notice served :- 15-12-10.
Date of disposal :- 23-05-11.
Complainant represented by Sri. S.K. Purohit, Advocate.
Opposite represented by Sri. T. Kishanrao, Advocate.
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This case coming for final disposal before us, the Forum on considering the entire material and evidence placed on record by the parties passed the following.
JUDGEMENT
By Sri. Pampapathi President:-
This is a complaint filed by complainant Babu Ashappa against the Secretary Government Employees Housing Co-operative Society, Raichur U/sec. 12 of Consumer Protection Act for to direct the opposite to execute the registered sale deed by allotting the plot by completing all formalities, to pay compensation amount of Rs. 30,000/- with cost and interest.
2. The brief facts of the complainant’s case are that, he is the member of opposite Government Employees Housing Co-operative Society at Bolman Doddi Raichur, he paid consideration amount of Rs. 80,000/- in two installments as directed by the society towards purchase of one plot. After payment of installments, opposite not completed all formalities and not executed registered sale deed in his name in spite of sufficient requests made by him, it allotted illegally sites to junior members of him, they shown their negligence in allotting a plot as per agreement and thereby, he filed this complaint for the reliefs as prayed in his complaint.
3. Secretary of the opposite society appeared in this case through Advocate, filed its written version by admitting the fact that, complainant is a member of this society and remitted an amount of Rs. 80,000/- towards cost of plot. But it not gave notice to complainant to remit an amount of Rs. 80,000/- He voluntarily remitted the said amount, it not assured to the complainant for allotting a plot at Bolman Doddi in Raichur. Society is registered under provisions of KCS Act 1959, it is having its own by laws. The request of the complainant cannot be considered, in view of section 70 of the KCS Act, accordingly, he prayed for to reject the complaint among other grounds.
4. In-view of the pleadings of the parties. Now the points that arise for our consideration and determination are that:
1. Whether the complainant proves that, he being the member of the opposite housing co-operative society remitted a total consideration amount of Rs. 80,000/- towards cost of the plot situated at Bolman Doddi in Raichur, as per allotment made to him by the society, but opposite society not executed sale deed in respect of the said plot, but it executed other sale deeds to the junior members of him, he requested the opposite society to consider his case and to execute registered sale deed, but opposite shown its negligence in executing sale deed and handing over the plot to him and thereby opposite society found guilty under deficiency in its service.?
2. Whether complainant is entitled for the reliefs as prayed in his complaint.?
3. What order?
5. Our findings on the above points are as under:-
(1) In the affirmative
(2) As discussed in the body of this judgement and as noted in the final order.
(3) In-view of the findings on Point Nos. 1 & 2, we proceed
to pass the final order for the following :
REASONS
POINT NO.1 :-
6. In order to prove the facts involved in these two points, affidavit-evidence of the complainant was filed, who is noted as PW-1. The documents Ex.P-1 to Ex.P-4 are marked. On the other hand, affidavit-evidence of opposite society was filed, he was noted as RW-1. The documents Ex.R-1 to Ex.R-3 are marked.
7. From the pleadings of the parties, their respective affidavit-evidences and documents, we have noticed some of the following undisputed facts between the parties are:-
1. It is a fact that, complainant is the member of Opposite Housing Co-operative Society Ltd., Raichur.
2. It is also a fact that, he paid Rs. 80,000/- towards cost of the plot to opposite society.
3. It is further undisputed fact that, till today opposite not allotted any plot to complainant and not executed sale deed.
8. With these undisputed facts, we have to consider the case of complainant. Ex.P-1 & Ex.P-2 are the two receipts issued by opposite society regarding the receipt of advance amount of Rs. 80,000/- towards sale of plot to him. As such, now, opposite society cannot say that, complainant voluntarily paid Rs. 80,000/- towards cost of the plot without its notice and he not paid that amount towards cost of this plot. Hence this contention of the opposite is not accepted with regret.
9. The facts noted in Ex.P-3 and the Ex.R-1 to Ex.R-3 clearly goes to show that, complainant is having a seniority for to get a site from the society, but it was denied by the society for the best reasons known to it, under such circumstances, we are of the view that, the attitude of the opposite society clearly establishes the deficiency in its service to the complainant, accordingly we answered Point No-1 in affirmative.
POINT NO.2:-
10. As regards to the reliefs are concerned, complainant is entitled to get a sale deed from the opposite, in respect of plot for the amount of Rs. 80,000/- which was already paid, either in Bolman Doddi, Raichur or in other its area, on payment of registration cost and miscellaneous expenditure by the complainant. The complainant is entitled to get an amount of Rs. 3,000/- from the opposite towards deficiency in its service and also he is entitled to get a lumpsum amount of Rs. 3,000/- towards cost of this litigation. Hence the complainant entitle to recover a total amount of Rs. 6,000/- with interest at the rate of 9% p.a. on the total sum of Rs. 6,000/- from the date of this complaint till realization of the full amount, accordingly we answered Point No-2.
POINT NO.3:-
11. In view of our findings on Point Nos-1 & 2, we proceed to pass the following order:
ORDER
The complaint filed by the complainant is partly allowed with cost.
The complainant is entitled to get sale deed from the opposite in respect of the plot of similar area for which he paid consideration amount of Rs. 80,000/-
The complainant is also entitled to get interest at the rate of 9% p.a. on the above total sum of Rs. 6,000/- from the date of the judgment till payment of that amount.
One month time is given to opposite society to execute registered sale deed in respect of the said area of the plot, as stated above in the name of complainant from the date of this judgment.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 23-05-11)
Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. Pampapathi,
Member. Member. President,
Dist.Forum-Raichur. Dist-Forum-Raichur Dist-Forum-Raichur.
