Date of Filing:15.09.2008<br /> Date of Order:18.11.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 18TH DAY OF NOVEMBER 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 2017 OF 2008<br /> <br /> <br /> Smt. Jyothi N. Rai<br /> W/o. Dr. N.K. Rai<br /> R/at Defence Colony, Jalahalli West<br /> Bangalore 560 015<br /> <br /> Rep. by her GPA Holder<br /> Dr. N.K. Rai<br /> S/o. K.K. Rai<br /> R/at Defence Colony, Jalahalli West<br /> Bangalore 560 015 Complainant<br /> V/S<br /> The Secretary<br /> The Vyalikaval House Building<br /> Co-operative Society Ltd.<br /> No. 100, 11th Cross, Malleshwaram<br /> Bangalore 560 55 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986. <br /> The facts of the case are that the complainant is a member of opposite party society. She has given account No. 12315 and Role No. 4267. She had applied for allotment of site measuring 50 X 80’ at Chokkanahalli in Bangalore extension. The complainant has paid Rs. 15,000/- to opposite party on 17.07.1983, on 31.01.1985 Rs. 10,000/- was paid, on 16.04.1986 Rs. 20,000/- was paid, on 26.03.1987 again Rs. 10,000/- was paid and on 01.09.1990 Rs. 8,000/- was paid. In all the complainant has paid total amount of Rs. 63,000/-. The complainant has repeatedly approached the opposite party to allot site. But the opposite party society had promised to give the site. Complainant waited till August 2008. Opposite party has postponed the allotment of site on one or other pretext. Complainant has spent lot of money in visiting the society. She has suffered mental tension. Opposite party society has not allotted the site even after receiving amount. It is definite case of deficiency of service. Present market value of the site is more than Rs. 7.50 lakhs as per BDA rules. On 23.03.2008 complainant has issued legal notice to opposite party requesting to allot the site or to refund the amount with interest and escalation prices. Even after notice opposite party society has not given any reply. Hence, the complaint.<br /> 2. Notice issued to opposite party. Notice served on opposite party. In spite of service of notice opposite party has not appeared and contested the matter. Even the opposite party has not sent defence version by post. Therefore, opposite party was placed ex-parte.<br /> 3. Affidavit evidence filed. Heard the arguments and perused the documents.<br /> 4. The complainant has produced provisional letter of allotment of site given by the opposite party to the complainant. The complainant has produced another letter of opposite party dated 13.04.1987. In this letter opposite party had acknowledged that complainant has paid Rs. 55,000/- for site measuring 50X80’. Complainant has produced copy of legal notice served on the opposite party. As per the case of the complainant she has paid in all Rs 63,000/- to the opposite party right from the year 1983 to 1990 on different dates. In spite of payment of amount the opposite party has not allotted a site as per the commitment. The opposite party has definitely committed deficiency in service in not allotting the promised site in favour of the complainant. The opposite party has not appeared and contested the matter. The case made out by the complainant has gone unchallenged. In connected complaints against the opposite party society the complaints are being allowed and opposite party society has been directed to refund the amount with interest and compensation. The opposite party society has failed to honour the commitment. The market values of the sites in and around Bangalore have increased abnormally. The complainant has stated in her complaint that market value of 50 X 80’ site as per BDA valuation is more than Rs. 7.50 lakhs. Judicial notice can be taken that the prices of the site have increased 100 fold in recent years. It is very difficult for a common man to purchase a site at reasonable price now a days. The complainant has invested Rs. 63,000/- with opposite party with a profound hope that she may get a site for her residential purpose. But the opposite party society has failed to allot the site as per the promise. Therefore, naturally the complainant shall have to be compensated suitably towards escalation price. The complainant is entitled for refund of the amount paid by her along with interest from the date of the respective deposits. The Hon’ble National Commission and State Commission are awarding interest in connected matter at 18% p.a. on refund amount. Therefore, in this case also I feel it would be just, fair and reasonable to grant 18% interest p.a. on refund amount. On the facts and circumstances of the case it would be just, fair and reasonable to grant Rs. 1.00 lakh as compensation to the complainant apart from refund and interest. In the result, I proceed to pass the following:<br /> ORDER<br /> <br /> <br /> 5. The Complaint is allowed. The opposite party is directed to refund Rs. 63,000/- to the complainant alongwith 18% interest p.a. from the date of respective payments till payment / realization.<br /> 6. The opposite party is directed to pay compensation of Rupees One lakh to the complainant apart from refund and interest.<br /> 7. The complainant is entitled to Rs. 5,000/- towards costs of the present proceedings from the opposite party.<br /> 8. The opposite party is directed to comply the order within 45 days from the date of the order.<br /> 9. Communicate the copy of this Order to both the parties free of costs as a statutory requirement. <br /> 10. Pronounced in the Open Forum on this 18TH DAY OF NOVEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />