1. The grievance of the complainant in this complaint against the Opposite party is that he was a member of the Opposite party House Building Co-operative Society sought for allotment of a site measuring 30’ x 40’ by paying a sum of Rs.36,000/- on 15.07.1999. The Opposite party also issued a provisional allotment letter, allotting a site measuring 30’ x 40’ in Hebbal layout, Mysore. Thereafter he approached the Opposite party on several occasions gave written representations on 20.01.2003, 14.06.2004, 12.03.2007, and 16.04.2007 for making a final allotment and to execute documents, but was of no use. Thereafter he also made representations on 16.04.2007, and 22.05.2007 for which the Opposite party informed him stating that this Forum has prohibited them in executing registered sale deeds pertaining to their sites and therefore contended that the Opposite party has caused deficiency in it’s service in not making final allotment and to execute documents and thereby has prayed for a direction to the Opposite party to allot the schedule site No.175 of Nadanahalli Layout, to award a sum of Rs.50,000/- as damages and cost. <br /> 2. The Opposite party which is now superseded and an administrator is appointed in place of the executive committee, the Administrator has filed his version admitting that the Complainant has paid a sum of Rs.35,000/- to the society towards allotment of a site measuring 30’ x 40’ in Hebbal Layout, but has not paid the full amount to the society. He has further contended that the relevant records are not found in the office of the society that site No.175 of Nadanahalli layout sought to be allotted by the Complainant has already been allotted in favour of one M.Renukumar and further submitting that the previous board of the society has committed many misconducts and irregularities and not kept the relevant records in the office and stated that a Civil suit and an RRT proceeding are pending before the Civil Court and Assistant Commissioner of Mysore respectively and that the Opposite party society is due in a sum of Rs.33 lakhs and plus and thus has prayed for dismissal of the complaint.<br /> 3. During enquiry into the complaint allegations, the complainant and the administrator of the Opposite party have filed their affidavit evidence. The complainant has produced copies of the receipts, correspondences and also allotment letter issued by the Opposite party. Heard the counsel for both the parties and perused the records. <br /> 4. On the above contentions, following points for determination arise.<br /> 1. Whether the Complainant proves that the Opposite party society allotted him a site temporary and thereafter failed to issue a final allotment letter and to execute necessary documents and thereby caused deficiency in its service?<br /> 2. Whether the complainant is entitled for the relief sought for?<br /> 3. What order?<br /> 5. Our findings are as under:-<br /> Point no.1 : In the Affirmative.<br /> Point no.2 : Answered in the affirmative in part.<br /> Point no.3 : See the final order.<br /> REASONS<br /> 6. Points no. 1 & 2:- The claim of the complainant that he is a member of the Opposite party society paid a sum of Rs.36,000/- including share amount of Rs.1,000/- and that the Opposite party had allotted a site measuring 30’ x 40’ at Hebbal layout and issued the provisional allotment letter dated 15.07.1999 is not disputed by the Opposite party. Further, the evidence of the complainant that he despite making several representations to the Opposite party society it has not made a final allotment and neglected to act has also not controverted by the Opposite party in his affidavit evidence, but contended that relevant documents are not available in the office of the society. <br /> 7. The counsel for the complainant argued that the Opposite party is telling that there are no sites available in Hebbal layout and they have agreed to allot a site in Nadanahalli layout and thereafter submitted for allotment of site No.175 of Nadanahalli layout, but the counsel appearing for the Opposite party argued that site no.175 has already been allotted in favour of one M.Renukumar. Therefore, that site is not available and produced a copy of the allotment order allotting that site to another member. It is brought to our notice by the counsel for the complainant an endorsement issued by the Secretary of the Opposite party society dated 22.05.2007 in which the Secretary had stated that this Forum has restrained the Sub-Registrar from registering any documents in respect of sites of the society and therefore stated that after vacating the order, the claim of the complainant will be considered. Therefore, it is clear from the facts of this case and on the materials placed before us, that the claim of the complainant is not either controverted or disputed. As such, we find that despite the continuous attempt of the complainant and representations made to the Opposite party, the Opposite party has not taken steps for issue of a final allotment letter allotting a site to the complainant in pursuance of a provisional allotment made in his favour and thereby caused deficiency in its service. As such, we hold that the complainant is entitled for allotment of a site measuring 30’ x 40’ in one of the layouts of the Opposite party and hold that as the parties submitted before this Forum that some sites are available in Nadanahalli layout to allot a site in that layout. With the result, we answer point no.1 in the affirmative and point no.2 in the affirmative in part and pass the following order. <br /> ORDER<br /> <br /> 1. The Complaint is allowed in part.<br /> 2. The Opposite party is directed to allot a site measuring 30’ x 40’ in Nadanahalli layout on the complainant paying the full sital value that was prevailing during the year 1999 execute a title deed in his favour at his cost within 6 months from the date of this order.<br /> 3. The Opposite party is also directed to pay a sum of Rs.5,000/- to the complainant for his mental agony and harassment.<br /> 4. The Opposite party is also directed to pay a cost of Rs.500/- to the complainant.<br /> 5. Give a copy of this order to each party according to Rules.<br />