O R D E R<br /> <br /> SRI.D. KRISHNAPPA, PRESIDENT:<br /> <br /> The grievance of the complainant against the Op is, that M/s Indraprastha Welfare Society proposed to start a housing project through Op house building co-operative society vide circular dated 18/06/1984 calling for initial payment for allotment of sites. In response to the same she paid Rs.6,000/- through a DD dated 15/10/1984 to the Op. Thereafter, she paid in six installments totaling Rs.46,472/- towards allotment of site but the Op despite reminders neither allotted site nor returned her money therefore, prayed for refund of her money with interest @ 12% p.a.<br /> <br /> 2. This forum has ordered notice against Op No.1 who appeared through an advocate but later on failed to file version and the counsel for the Op submitted that they will settle the claim of the complainant and took adjournment. Then the complainant on the next date of hearing reported receipt of Rs.46,860/- the principal amount paid by her towards allotment of site and submitted that the Op has promised her paying interest later on and to withdraw the complaint but the complainant refused to withdraw complaint and complained to this forum though she has agreed to receive interest @ 6% p.a against 12% the Op has not even paid interest at that rate and therefore submitted for a direction to the Op to pay interest. Then counsel who submitted to settle the claim of the complainant by paying interest did not report any settlement but started dragging on the matter. Considering this delay tactics of the Op and concession shown by the complainant this forum imposed cost of Rs.2,500/- and extended time for reporting settlement finally on 30/07/2010. Even on that date also Op failed to report settlement and then time was further extended by imposing further cost of Rs.5,000/-. As the Op had not paid the cost imposed on previous occasions, posted the case for reporting settlement finally on 07/08/2010. On 07/08/2010 counsel for the Op had tendered a cheque for Rs.15,000/- to the complainant stating that it is towards interest. Then the complainant submitted despite agreeing to receive a very low rate of interest the Op is not settling her claim. Then out of Rs.15,000/- paid by the Op through cheque Rs.2,500/- was directed to appropriate towards cost and the balance of Rs.12,500/- was directed to be appropriated towards interest. Here neither the complainant nor Op reported as to be the total amount accrued towards interest as on that date. However the counsel for the Op took adjournment to settle the interest part. Then again this forum sensing no reason for protracting the proceeding again imposed cost of Rs.5,000/- and gave finally another chance to the Op to report settlement on 13/08/2010. Even on that date Op neither paid cost nor reported final settlement. Then the complaint was posted for complainant’s affidavit, after that affidavit of the complainant filed, Op also filed affidavit evidence and complaint was posted for arguments. We have heard the complainant who is represented by her husband. The counsel for the Op remained absent is taken as heard and complaint is posted for order.<br /> <br /> 3. On the above materials, following points for determination arise.<br /> <br /> 1. Whether the Op has caused deficiency in his service in not paying the agreed rate of interest on the deposit of the complainant.<br /> 2. To what relief the complainant is entitled to?<br /> <br /> 4. Our findings are as under:<br /> <br /> Point No.1 : Affirmative in part<br /> Point No.2 : See the final order<br /> <br /> REASONS<br /> <br /> 5. Answer on point No.1: On going through the uncontroverted facts narrated above, the Op without disputing the contention of the complainant, refunded Rs.46,860/- but has not denied his liability to pay interest on it and has not disputed the entitlement of the complainant to claim interest on that amount which was used by the Op for many years. The complainant has voluntarily agreed to receive interest @ 6% p.a which is in our view most concessional and reasonable rate and the Op can not escape that liability. <br /> <br /> 6. The complainant in the complaint claimed interest @ 12% p.a and worked out total interest as Rs.12,418/- and that is not disputed by the Op by filing version. The complainant since has agreed to receive interest @ 6% p.a then the interest would come to Rs.56,000/- and odd. But the Op has so far paid interest Rs.12,500/- only and has not assigned any reason in not paying the balance interest amount. The claim of the complainant is not opposed by the Op as he has not at all filed version. The affidavit evidence filed by the Op cannot be considered as he did not choose to file version. The Op in the affidavit evidence went on narrating history of his transaction of forming layout, formation of sites claiming refund of acquisition cost etc. etc., which are not material to this case. Therefore finding that Op has not set up any defence and has not paid the cost imposed by this forum nor challenged it, we find that complaint deserve to be allowed in part by answering point No.1 in the affirmative and pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is allowed in part. Op is directed to pay interest @ 6% p.a on Rs.46,860/- from the date of respective payment till the date of payment and that amount shall be paid to the complainant within 30 days from the date of this order after deducting Rs.12,500/- already paid to the complainant.<br /> <br /> Op shall also pay the accumulated cost of Rs.10,000/- to the complainant within 30 days from the date of this order.<br /> <br /> <br /> Op shall also pay cost of Rs.2,000/- to the complainant. <br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 30th September 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />