IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 489/09 DATED 22.02.2010<br /> ORDER<br /> <br /> Complainant B. Muniram Singh, S/o late Balaram Singh, Erekatte Street, Lashkar Mohalla, Mysore.<br /> <br /> (By Sri. Shashidhar. Advocate)<br /> <br /> Vs. <br /> Opposite Party The Secretary, The Southern Railway Employee’s Co-operative House Building Society Ltd., Mysore (North), Railway Offices, Irwin Road, Mysore-570001. <br /> (By Sri.S.C., Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 30.12.2009<br /> Date of appearance of O.P. : 15.01.2010<br /> Date of order : 22.02.2010<br /> Duration of Proceeding : 1 Month 7 Days<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> <br /> 1. Under Section 12 of the Consumer Protection Act, the complainant has filed the complaint, seeking a direction to the opposite party to execute Registered Sale Deed in respect of the site allotted to him.<br /> <br /> 2. In the complaint amongst other facts, it is alleged that the opposite party has allotted a site No.247, described in the schedule and executed an lease Cum Sale Agreement dated 30.04.2007. The complainant has paid the value of the site amounting to Rs.70,334/- The opposite party has put the complainant in possession of the site. The complainant requested the opposite party to execute Registered Sale Deed. The opposite party called upon the complainant to pay the maintenance charges. The complainant was not liable to pay the maintenance charges, but he has paid Rs.8,000/-, in this regard. Despite making all payments, the opposite party has not executed sale deed. Hence, it is prayed to allow the complaint.<br /> <br /> 3. The opposite party in the version has admitted most of the facts alleged in the complaint, but it is contended that, nowhere the complainant has stated that, he is ready to bear the registration charges. Secondly, it is contended that, reliably opposite party learnt that, the site allotted to the complainant, has been subject to encroachment, and the complainant has not disclosed this fact and got removed the encroachment. Deliberately complainant not stated the facts. Then, it is contended that opposite party never refused to execute Registered Sale Deed and hence, there is no cause of action. Accordingly, it is prayed to dismiss the complaint.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit and produced certain documents. On the other hand, secretary of the opposite party filed her affidavit and certain documents are produced. We have heard the argument of both the learned advocates for the complainant and opposite party and perused the records.<br /> <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Affirmative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> 7. Point no. 1:- Admitted facts are not mentioned here. The opposite party has admittedly Lease Cum Sale Agreement in favour of the complainant in respect of the site allotted to him. Entire amount also has been paid, including maintenance charges.<br /> <br /> 8. The opposite party contended that, the complainant has not expressed readiness to bear the registration charges. In the affidavit, the complainant has stated that, he is ready and willing to pay the registration charges.<br /> <br /> 9. The opposite party further has contended that, the site in question is subject to encroachment. To substantiate this fact, there is no evidence.<br /> <br /> 10. Then, it is contended by the opposite party that, it has not refused to execute Sale Deed and as such there is no cause of action. It is true, earlier, the complainant had filed the complaint at CC.131/2009, which came to be dismissed by this Forum, on the ground that, there was no refusal on the part of the opposite party, and there was no cause of action. Liberty was given to the complainant to approach the Forum, in case, the opposite party fails to execute Registered Sale deed. As could be seen from the correspondence between the parties and other material on record, in spite of the request made by the complainant, opposite party has not executed registered Sale Deed. Hence, there is cause of action.<br /> <br /> 11. Considering the facts and the material on record, the complainant has proved deficiency in service on the part of the opposite party. Accordingly, our finding on the point is in affirmative.<br /> <br /> 12. Point No. 2:- From the discussion made above and conclusion arrived at, we pass the following order.<br /> <br /> ORDER <br /> 1. The complaint is allowed.<br /> 2. The opposite party is hereby directed to execute Registered Sale Deed in respect of site No.247 in Bhogadi layout, in favour of the complainant, which is described in detail in the Lease Cum Sale Agreement between the parties, within a month from the date of the order. The complainant shall bear the stamp duty and registration charges.<br /> 3. The opposite party is hereby directed to pay a sum of Rs.2,000/- towards the cost of the proceedings to the complainant.<br /> 4. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 22nd February 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />