COMPLAINTS FILED ON:17.03.2012
DISPOSED ON:30.07.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30th DAY OF JULY 2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.596/2012 & 707/2012
Complaint no.596/2012 Complainant | Smt.Komala.K Aged about 35 years, R/at No: 8/24, 10th Cross, Kuppaswamy Layout, Nagawara, Bangalore-560 045. Adv:Sri.R.S.Sarangamatha |
OPPOSITE PARTY/S | The Secretary, Bangalore Urban and Rural District government Women ‘D’ Group Employees Credit Co-Operative Society Limited, No.9/03-2, 1st Main, 5th Cross, Jayanagar East, Bangalore-560 011. Ex-parte. |
Complaint no.707/2012 Complainant | Smt.Kasturi Bai W/o Janardhan, Aged about 50 years, Residing at No.8/24, 10th Cross, Kuppaswamy Layout, Nagawara, Bangalore-560 005. Adv:Sri.R.S.Sarangamatha |
OPPOSITE PARTY/S | The Secretary, Urban and Rural Development, ‘D’ Group Employees Credit Co-Operative Society Limited, No.9/03-2, 1st Main Road, 5th Cross, Byrasandra, Jayanagar East, Bangalore-560 011. Ex-parte. |
COMMON ORDER
SRI. B.S.REDDY, PRESIDENT
Both these complaints are filed Under Section-12 of the Consumer Protection Act, 1986 by the respective complainants seeking direction against OP to allot the sites or to refund the sital deposit with interest and to pay damages of Rs.50,000/- each, on the allegation of deficiency in service.
2. Since Op is common in both these complaints, the questions involved and the relief’s claimed being similar, in order to avoid the repetition of facts and multiplicity of reasoning’s both these complaints are stand disposed of by this common order.
3. In spite of service of notice, OP failed to appear without any justifiable cause, hence placed ex-parte.
4. The complainants in order to substantiate complaint averments, each of these complainants filed affidavit evidence.
5. Arguments from complainant’s side heard,
6. We have gone through the complaint averments, the documents produced and affidavit evidence of the complainants. On the basis of these materials, it becomes clear that the complainant in complaint No.596/2012 deposited an amount of Rs.1,000/- on 01.08.1997, Rs.2,000/- on 06.04.1996 and Rs.2,000/- 11.01.1996 in all sum of Rs.5,000/- with OP towards the cost of the site proposed to be allotted and further she has paid sum of Rs.110/- as share deposit while becoming member of Op-Society. OP has issued the receipts acknowledging the receipt of the amounts.
7. The complainant in complaint no.707/2012 deposited an amount of Rs.1,000/- on 01.08.1997, another sum of Rs.1,000/- on 06.04.1996 and Rs.3,000/- on 11.01.1996 towards the cost of the site and she also paid Rs.110/- towards share amount. OP has issued the receipts acknowledging the receipt of these amounts. Both complainants deposited these amounts towards allotment of sites measuring 40 X 60 feet. OP was unable to formed any layout and allot the sites. The complainants demanded for refund of the amount with interest, OP failed to pay the same. The complainants got issued legal notice, the same was returned un-served with Shara “no such address”. OP has deliberately avoided the notice. The act of OP neither forming any layout and allotting the sites nor refunding the amount with interest, amounts to deficiency in service.
8. The very fact of OP remaining ex-parte leads to draw an inference that OP is admitting the claim of the complainants. There is no reason to disbelieve the unchallenged affidavit evidence of these complainants and documents produced. The OP cannot be directed to allot the sites as no layout has been formed by acquiring any land. Under these circumstances, we are of the view that the complainants are entitled for refund of the amount paid with interest at 18% p.a. by way of compensation from the date of respective payments, till the date of realization and pay litigation cost of Rs.1,000/-. Accordingly, we proceed to pass the following:
O R D E R
Both these complaints filed by the complainants are allowed in part.
In both these complaints OP is directed to refund an amount of Rs.5,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation costs of Rs.1,000/- to each of these complainants.
This order is to be complied within four weeks from the date of its communication.
This original order shall be kept in the file of the complaint No.596/2012 and a copy of it shall be placed in complaint No.707/2012.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 30th day of JULY-2012.)
MEMBER PRESIDENT
Cs.
