BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.
DATED THIS THE 9th DAY OF AUGUST 2021
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
COMPLAINT NOs. 31/2012 & 32/2012
COMPLAINT NO. 31/2012
Dr. L. Nagaraja, S/o Late M. Lingaiah, Aged about 64 years, No.190/3, Vishweraiah Road, 4th Phase, Girinagar, Bangalore. (By Sri Y. Rajendra Prasad Shetty) | .…… Complainant/s |
COMPLAINT NO. 31/2012
Smt. Shobha .R., Aged about 40 years, No.1150/23, 5th Main II Stage, ‘A’ Block, Rajajinagar, Bangalore 560 010. (By Sri Y. Rajendra Prasad Shetty) | .…… Complainant/s |
V/s
1. | The Vishwabharathi House Building Cooperative Society Ltd., No.35, Rathnavilasa Road, Basavanagudi, Bangalore 560 004, Represented by its President Sri K. Jayaram. | .. Opposite Party/ies |
2. | The Vishwabharathi House Building Cooperative Society Ltd., No.35, Rathnavilasa Road, Basavanagudi, Bangalore 560 004, Represented by its Secretary Sri H.V. Vadiraj. (By Sri D.R. Ravishankar) OPs are same in both the complaints. | |
ORDER
Mr. RAVISHANKAR, JUDICIAL MEMBER
1. Both the complaints are filed by the complainants alleging deficiency in service against the Opposite Parties in not allotting a site and prayed to direct the Opposite Parties to refund the amount paid with interest at 24% along with compensation and costs.
2. Earlier both the complaints have filed before this Commission and this Commission has dismissed the complaints as barred by time. Against which, the complainants preferred an appeal before the Hon'ble National Consumer Disputes Redressal Commission and the Hon’ble National Commission remanded back the complaints to this Commission to dispose-of afresh for adjudication. Accordingly, notice was issued to the Opposite Parties.
3. The averments in the complaint are as hereunder;
It is the case of the complainants that they have decided to invest their hard earned money to purchase a site and accordingly they got enrolled as a member of the Opposite Party House Building Cooperative Society. For which the Opposite Parties have issued Intimation of Site Allotment letter to the complainants. Accordingly, the complainant in complaint No.31/2012 has booked Site No.48 measuring 30 x 40 feet in 4th phase of Vishwabharathi Housing Complex Layout, Girinagar, Bangalore 560 085 for a total sale consideration of Rs.20,25,000/-. As per the request of Opposite Parties, the complainant in all paid a sum of Rs.17,00,000/- and the Opposite Party issued a receipts for receiving the said amount.
4. The complainant in Complaint No.32/2012 has booked Site No.27 measuring 40 x 60 feet in 4th phase of Vishwabharathi Housing Complex Layout, Girinagar. As per the request of Opposite Parties, the complainant in all paid a sum of Rs.35,00,000/- and the Opposite Party issued a receipts for receiving the said amount.
5. The complainants further alleged that inspite of repeated requests to allot the site, the Opposite Parties were neither replied nor responded for the same, but, started acting indifferently and started avoiding to meet the complainants. The complainants further state that inspite of requests and demands, the Opposite Parties have harassed them by not allotting the site or refunding the advance amount paid. It is alleged that inspite of sufficient time, there was no sign of allotting the site in favour of the complainants. Hence, the complaints.
6. After service of notice, the Opposite Parties appeared before the Commission through their counsel and filed version and denied the membership towards allotment of site to the complainants and receipt of the amount paid by the complainants. The Opposite Parties further contend that the complainants are not a consumer under the provisions of the Consumer Protection Act, hence, the question of rendering service or there being any deficiency would not arise, therefore, the complainants itself are not maintainable. The claim of the complainants towards compensation for mental harassment is absolutely baseless, therefore, the complainants are not entitled to any of the reliefs sought for. The receipts produced by the complainants are in the name of Vishwabharathi Housing Project, which is not of the Opposite Parties. Therefore, these documents are apparently concocted and no amounts has either been accepted or credited into the accounts of the Opposite Party Society alleged in the complaints and therefore, the complaints are not maintainable. It is further contended that the Girinagar 4th Phase Layout went into litigations on account of the same having been acquired by the BDA. The complainants filed the complaints on the basis of forged and concocted documents to play falsehood and the documents apparently issued by different entities will clearly indicate that the complaints are frivolous. Hence, the Opposite Party prayed to dismiss the complaints.
7. Both parties have filed their respective affidavit evidences. Heard the arguments.
8. On perusal, the following points will arise for our consideration;
(i) Whether the complaints deserve to be allowed?
(ii) What order?
9. The findings to the above points are;
(i) Affirmative
(ii) As per final order
REASONS
10. On perusal of the affidavit evidence of both parties and the documents produced before us, there is no dispute that the complainants have paid advance amount towards purchase of site to the Opposite Parties and the Opposite Parties have also acknowledge the receipt of the same. The complainants have produced the receipts for payment of the advance amount to the Opposite Parties for allotment of site and also the letter written by the complainants along with affidavit for refund of the advance amount paid since the Opposite Parties have not allotted the sites in favour of the complainants. The receipts which indicate that Opposite Party Nos.1 & 2 have received the amount from the complainants with regard to the allotment of site. The complainants have also prayed for a compensation for the negligence act of the Opposite Parties and also for the deficiency in service. In view of the facts and circumstances of the case, it would be just and proper to award interest at the rate of 12% p.a. on the amount paid by the complainants from the date of respective payment, till the date of actual realization. The award of interest at 12% p.a. will meet the claim of the complainant under the head of negligence and deficiency in service. Hence, the following;
ORDER
The complaint Nos. 31/2012 and 32/2012 are hereby allowed with costs of Rs.25,000/-.
The Opposite Party Nos.1 & 2 jointly and severally liable to refund the advance amount paid towards allotment of site to the complainants along with interest at 12% p.a. from the date of respective payments, till realization.
The Opposite Parties are granted further 30 days time to comply the same from the date of this Order.
Keep the original Order in Complaint No.31/2012 and a copy of the same in the connected file.
Forward free copies to both the parties.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
