CC No.348/2016

Filed on 29.02.2016

Disposed on 28.12.2016

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE – 560 027.

DATED THIS THE 28^th DAY OF DECEMBER 2016

CONSUMER COMPLAINT NO.348/2016                                                                                                                                                                                                                                  

PRESENT:

     Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

            PRESIDENT

     Smt.L.MAMATHA, B.A., (Law), LL.B.

            MEMBER

                                    V/S

ORDER

BY SMT. L.MAMATHA, MEMBER

1. This is a Complaint filed by the Complainant against the Opposite Party under Section-12 of the Consumer Protection Act, 1986 praying to pass an order directing the Opposite Party either to pay Rs.1,73,500/- together with 24% interest p.a. from the date of the receipt of the said amount from the Complainant till the payment or to allot a site as per their promise to the Complainant.  Further direct to pay Rs.2,00,000/- as compensation and Rs.10,000/- as litigation expenses to the Complainant.
2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant submits that the Opposite Party is a Society registered under Karnataka Complainant-operative Society Act and which is constituted for the purpose of forming and developing a residential layout executing for the needy members of Society.  The Secretary of Society is responsible for all the administration and day today action of Society.   The Complainant submits that he is the member of Opposite Party Society and sought for membership in Opposite Party and his request was accepted and enrolled as member of the Society.  The Opposite Party asked to pay Rs.200/- for enrolment of member in Opposite Party Society.  Accordingly, the Complainant has paid Rs.200/- towards application for which the Society have acknowledge the same and the Complainant was enrolled as member in the Society vide membership No.16-2358 and Complainant was promised by the Opposite Party Society, the site measuring 30 X 40 feet residential site in the layout near Bidadi Adjacent to the Bangalore-Mysore Road as per the brochure.  Then that it was said site would be allotted to him after a payment of initial of Rs.1,73,500/- the Complainant paid in two installments as follows Rs.73,500/- on 27.07.2006 and Rs.1,00,000/- on 06.11.2006 by way of Demand Draft and No.113344115539 respectively towards the value of site and asked to pay the remaining balance sale consideration in future as and when instruction by the Opposite Party Society the Complainant further state that after making final payment he was told that allotment would be made shortly as the mentioned in the brochure that preference will be given to Senior Citizen at the rate which was specified in brochure instruction under preference.  The Complainant submit that mean time he has visited to office and requesting the Opposite Party to allot the site by accepting the remaining balance sale consideration for the site and clearly stating that he is ever ready and willing for Registration to get the sale deed registered in his favour but the society kept postponing for the reasons best known to society and also the Complainant has sent many remainder to Society  on 17.09, 2012, 24.11.2012, 19.12.2013 to the office of Secretary of Society.  But all his efforts were in vain.  Even the Complainant was making efforts persistently.  But the Society has chosen to remain salient.  It is further promised by the Society to allot the site in converted land with well-developed layout but Society failed to allot or develop the land in spite of taking huge amount from the members of the Society.  The Complainant issued legal notice on 19.03.2015 to Opposite Party calling upon them to allot the site or refund the deposited amount with interest.    The notice send through RPAD served to Society.  The Society issued another notice to the Complainant dt.20.01.2016 admitted the lapse on the part of Society in getting conversion and developing the layout and surprisingly called the Complainant to get registered the revenue sites by paying additional amount.  The Complainant with a hope of getting site invested huge amount on the promise made by the Society and now Society failed to fulfill the promise amount to deficiency of service.  Hence, this complaint.

3.   Even though notice was served on the Opposite Party, the Opposite Party fails to put their appearance, hence placed ex-parte. 

4. In support of the complainant, the complainant has filed his affidavit by way of evidence. Heard the arguments of the complainant.  

5.     The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party?
2. If so, to what relief the Complainant is entitled?

6.     Our findings on the above points are:-

                POINT (1):- Affirmative

                POINT (2):- As per the final Order

REASONS

7.     POINT NO.1: On perusing the pleadings along with documents produced by the complainant, it reveals that the Complainant is the member of Opposite Party-Society, the Complainant become a Member of Opposite Party-Society by paying membership fee of Rs.200/-.  It is supported by the I.D.Card No.16-2358.  The Opposite Party-Society promised the Complainant that they will provide site measuring 30 X 40 feet residential site in the layout near Bidadi Adjacent to the Bangalore-Mysore Road as per the brochure.  The Opposite Party informed that the said site would be allotted to the Complainant after the initial payment of Rs.1,73,500/-.  Accordingly, the Complainant paid in two installments through DD bearing No.113344, 115539 dt.27.07.2006 and 06.11.2006 drawn on ICICI Bank in favor of Opposite Party-Society for Rs.1,00,000/- and Rs.73,500/- respectively towards the value of site.   To substantiate this fact, the Complainant filed his affidavit.   In his sworn testimony, he reiterated the same and also in support of his testimony, he produced his membership card and Xerox copy of the DD.  By looking into these documents, it clearly shows that the Complainant is a member of Opposite Party-Society and intends to purchase 30 X 40 measuring site and for which he has made payments.  The Opposite Party-Society informed the Complainant that they will allot site shortly as mentioned in the brochure, that preference will be given to Senior Citizen.  The Complainant visited Opposite Party-Society’s Office and requesting the Opposite Party to allot site by accepting the remaining balance sale   consideration  for the site and  Complainant is ever ready and  willing for registration to get the sale deed registered  in his favour.  But the  Society  kept  on  postponing.   The Complainant has  sent  many  reminder  letters  on 17.09.2012, 24.11.2012, 19.02.2013 to Opposite Party.  These facts are clear by looking into reminder letter produced by the Complainant.  Even though, the Complainant has paid amount of the site value as per Opposite Party-Society brochure, the Opposite Party-Society failed to allot or develop the land.  The Opposite Party-Society also promised to allot site in converted land with well-developed layout. On 19.03.2015 the Complainant issued a Legal Notice through his Counsel.  The said notice served to the Opposite Party.  The Opposite Party Society issued another Notice to Complainant on 20.01.2016.  In this Notice they admitted the lapse on the part of Society in getting conversion and developing the layout and called the Complainant to get registered the revenue sites by paying additional amount.  Therefore, it is proper to accept the contention of the Complainant that the Opposite Party has neither allot the site nor refund the amount in favour of the Complainant.  To disbelieve the version of the Complainant nothing was on record.  In spite of repeated requests, the Opposite Party Society never bothered to fulfill the demand of the Complainant.  Under these circumstances, it clearly shows that there is deficiency in service on the part of the Opposite Party.  Hence this point is held in affirmative.   

8. POINT No.2:- In view of the finding on point No.1, we proceed to pass the following:

ORDER

The Complaint is allowed holding that there is deficiency of service on the part of the Opposite Party.

The Opposite Party is directed to refund a sum of Rs.1,73,500/- with interest at 15% p.a. from the respective date of payment till realization. 

The Opposite Party is further directed to pay Rs.50,000/- to the Complainant as compensation. 

The Opposite Party is also directed to pay Rs.5,000/- towards cost of the litigation to the Complainant.  The Opposite Party is granted 30 days’ from this date to comply this order. 

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 28^th day of December 2016)

        MEMBER                                     PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

Witness examined on behalf of the Complainant:

1. Sri.Vijayakumar C.Dhotragavi, who being Complainant has filed his affidavit.

List of documents filed by the Advocate for Complainant:

1. Copy of I.D.Card issued by the Society
2. Letter dt.17.09.2012
3. Copy of Letter dt.24.11.2012, 19.02.2013
4. Copy of DD dt.06.11.2006 and 07.07.2006
5. Copy of Plan
6. Copy of Legal Notice dt.19.03.2015 and acknowledgement
7. Copy of Complaint to post office dt.08.04.2015
8. Copy of the Letter from post office dt.02.06.2015
9. Copy of Letter dt.20.01.2016 by the K.S.R.T.C Society.

Witness examined on behalf of the Opposite Parties:

                        -NIL-

  List of documents filed by the Opposite Party:

                -NIL-

 MEMBER                                             PRESIDENT