The Secretary, The Vyalikaval House Building Co-operative Society Ltd.,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of Filing:14.01.2008 Date of Order: 06.03.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 6TH DAY OF MARCH 2008 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 151 OF 2008 P.A. Venkatesha Reddy, S/o Late P.N. Appanna Reddy, No.1392, A.E.C.S Layout, Kundalahalli, Bangalore-560 037. Complainant V/S The Secretary, The Vyalikaval House Building Co-operative Society Ltd., No.100, 11th Cross, 6th Main, Malleswaram, Bangalore-560003. Opposite Party ORDER This complaint is filed U/Sec.12 of the Consumer Protection Act, 1986 for refund of Rs.76,275/- with future interest and costs. The complainant was member of opposite party society has deposited a sum of Rs.27,000/- on 14/5/1990 towards provisional allotment of site measuring 40 X 60 in Visweshwaraya Nagar, I stage layout at Bannerghatta road. The copy of receipt for Rs.27,000/- issued by the opposite party dated 14/5/1990 and the provisional letter of allotment of site dated 22/5/1990 are produced. The complainant waited for long time with the fond hope of getting the site allotted, but the opposite party has failed to form layout and the complainant demanded for repayment of the amount and the opposite party failed to repay the amount. The claim of the complainant is as follows:- Principle amount Rs. 27,000/- Interest on Rs. 27,000/- at 1.5% p.m from 14/05/1990 till 16/12/1998 Rs. 41,715/- Interest on Rs. 13,500/- at 1.5% p.m from 16/12/1998 to 16/12/2007 Rs. 21,060/- TOTAL Rs. 89,775/- Less amount paid on 16/12/98 Rs. 13,500/- Balance Due Rs.76, 275/- The complainant issued a legal notice on 2/7/2007 demanding payment of the amount and the opposite party has sent a reply on 27/7/2007 stating that they will try to refund the amount at the earliest and the society has no funds now. The complainant approached and demand for refund of the amount on several occasions and lastly on 26/12/20007 but the opposite party has not paid the said amount. Hence, the complaint. 2. Notice was served to opposite party. The society appeared through counsel and filed version stating that, the complainant has unnecessarily sought to make allegation against the opposite party society without understanding the true facts. The society has issued an endorsement bearing No.LAQ.SR.319/83-84, dated 16.7.1988, issued by the Special Land Acquisition Officer. It may be seen from the said endorsement that an extent of 249-Acres 32-Guntas of land comprising of various survey numbers have been acquired by the Government as per the Notification No.RD/232/AQB.84 dated 21/02/1986 . It is clear that the society has sought to confer valid and legal title in respect of the said lands as required under the Land Acquisition Act. The society has taken steps in approaching the Government with various representations to have the same lands acquired again after duly complying with the technical requirements under the Land Acquisition Act. Even otherwise, as stated above the acquisition was struck down by the Honble Supreme Court on account of the non-compliance of certain technical requirements under the Land Acquisition Act by the Government of Karnataka and the society is in no way responsible for such lapse on the part of the Government of Karnataka. There are also instances when the Government of Karnataka suddenly decides that all allotment of sites should be routed only through the BDA as in the recent times and ordinance came to be issued by the Government of Karnataka and it was fortunately stayed in the Honble High Court of Karnataka. The opposite party further submits that, the question of paying interest does not arise, as the society is not making any profit from the deposits of the members. On the contrary, the amounts have been duly deposited and spent by the society for the purpose of acquiring lands and allotting sites to its members. The complainant has filed the above complaint after more than two years. As per sec.24A of the C.P Act the complaint has to be filed within a period of 2 years. The above complaint is barred by law or limitation and it is liable to be dismissed. 3. Affidavit evidence of complainant filed. Arguments are heard. 4. The points for consideration are:- 1. Whether there was deficiency in service on the part of the opposite party? 2. Whether the complainant is entitled for refund of the amount with interest? REASONS 5. It is an admitted case that, complainant was member of the opposite party society and he had deposited Rs.27,000/- on 14/05/1990 towards allotment of site from the opposite party. But unfortunately, the complainant could not get the site. The complainant waited for long time with the fond hope of getting the site allotted, but the opposite party has failed to form layout and the complainant demanded for repayment of the amount and the opposite party failed to repay the amount. In connected cases against the Vyalikaval House Building Society Limited, the District Forum and also the Honble State Commission have been ordering the society to refund the amount with interest and compensation. The society was not able to form the layout and allot the sites to the respective members for so many reasons. Therefore, the only option now available to the members is to get back their amount with interest. Since the amount was held-up and the society enjoyed the money paid by the complainant, it is bound to refund the amount with interest. Since the society failed to allot the sites as assured to the members, there is definitely a deficiency in service. In the result, we proceed to pass the following:- ORDER 6. The complaint is allowed. The opposite party is directed to pay Rs.76,275/- to the complainant. The opposite party is directed to pay future interest on the principle amount of Rs.13,500/- at 8% p.a from the date of complaint till the payment. The complainant is entitled for costs of litigation of Rs.2,000/- from the opposite party. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 6TH DAY OF MARCH 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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