BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

21^ST DAY OF JANUARY 2016

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 seeking direction against Opposite Party (herein after referred as OP) to refund Rs.42,000/- along with interest at 18% per annum along with compensation of Rs.10,000/- towards mental agony and Rs.10,000/- towards damages and litigation cost of Rs.10,000/- on the allegation of deficiency in service.

2.  The brief averments made in the complaint are as follows:

OP is house building co-operative society registered under Karnataka Co-operative Societies Act with an object of forming layout at Bangalore, hence invited applications from its members who desired to own sites. The mother complainant Late Smt.Hamsaveniamma who was willing to purchase a site, had deposited a sum of Rs.20,000/- with OP on 02.04.1986, Rs.5,000/- on 04.05.1987, Rs.2,000/- on 11.06.1992 in total complainant’s deceased mother had deposited a sum of Rs.42,000/- as initial payment towards cost of the site.  The OPs has issued a passbook with account No.13158, Roll No.SAS-716 in respect of Late Smt.Hamasaveniamma membership with OP society.  OP has made entries in the passbook in respect of the said amount.  OPs has also issued provisional letter of allotment of site dated 15.10.1987  informing her about allotment of a said measuring 2400 square feet at Visweswarayanagar, 2^nd Stage, Belakahalli, Kodichikkannahalli,  Bangalore. OP had written a letter dated 06.11.1987 to all the members requesting them to make further payment as mentioned there on.  In the said letter OP had agreed to allot the site as early as possible and also regretted for delay in allotment of sites.  As per its assurances OP had failed to allot the site to the complainant’s wife inspite of deposit of earnest money.  The repeated request made by the complainant to the OP did not yield any result.  On the other hand OP falsely informed the complainant that various events that have taken place and as a result they are not in a position to allot the site.  Hence complainant demanded for refund of the amount paid.  OP did not refund the amount. In the meantime, allottee Smt.Hamsaveniamma expired.  The complainant being the legal heir of the deceased allottee Sri.Suryaprakash.B.R. filed the present complaint.  Inspite of repeated request OP failed to settle the legal claim of the allottee.  Hence, complainant got issued legal notice dated 02.08.2014 calling upon OP to refund the amount deposited along with interest @ 18% per annum within seven days failing which complainant will be constrained to initiate necessary legal action by approaching the appropriate Forum.  Inspite of service of said notice OP failed to refund the amount.  Hence, the complainant felt deficiency in service against OP.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to             OP.  Inspite of service of notice OP remained absent.  Hence, OP is placed exparte and posted the case for filing affidavit of the complainant.                                                                                                                                                                                                                                    

4. So as to prove her case, one Sri.Surya Praksah.B.R. S/o.Late Hamasaveniamma has filed his affidavit by way of evidence in support of the complaint reiterating the complaint averments and also filed written arguments.

5. The above said assertions of the complainant have remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6.  Let us have a cursory glance at the documents produced by the complainant. Document No.1 to 3 are copies of the pay-in-Slip/challan issued by OP to Smt.Late.Hamasaveniamma for having paid a sum of Rs.20,000/- on 02.04.1986, Rs.5,000/- on 04.05.1987, Rs.2,000/- on 11.06.1992, Rs.15,000/- on 22.10.1993.   Document No.4 is copy of the provisional letter of allotment of site dated 15.10.1987 issued by OP to Smt.Hamasaveniamma.  Document No.5 to 8 are copies of letters written by OP to the complainant dated 06.11.1987, 13.06.1992, 02.09.1992 and 21.01.2003.  Document No.9 is copy of the legal notice dated 01.08.2014.  Document No.10 is served postal acknowledgement card and receipt.  Document No.11 is copy of the reply notice issued by OP dated 06.08.2014 stating the acquisition of the lands to the extent of 478 acres of land at Bilekahalli, Kodichikkanahalli etc. at Bannerghatta Road was quashed by Hon’ble Supreme Court of India.  As per the order the society had to restore the lands to the Government, OP had requested the Government to allot alternate land and the same was not allotted.  OP has issued legal notice to refund the compensation amount duly recovering from the land lords to the extent of Rs.5 Crores.  But no action has been taken. In this regard OP has preferred a Writ Petition against LAO before Hon’ble High Court of Karnataka.  The court has ordered to recovery the amount from land lords and pay the same to the society immediately.  Even after judgment the LAO has not recovered and paid the amount.  OP has preferred a contempt against LAO and he has taken some time to recover and pay.  Soon after the receipt of the amount LAO will refund the amount to its clients. 

7. On perusal of oral and documentary evidence of the complainant, it is made crystal clear that the  mother of the complainant  Late Smt.Hamsaveniamma with an intention to own a site at Bangalore, became the member of OP society vide Account No.13158, Roll No.SAS-716. Complainant paid Rs.20,000/- on 02.04.1986, Rs.5,000/- on 04.05.1987, Rs.2,000/- on 11.06.1992 and Rs.15,000/- on 22.10.1993 in all a total sum of Rs.42,000/- to OP.  The OP has acknowledged the receipt of the payment in the pass book issued by OP and also in the counterfoils of the pay in slips as per document No.1 to 4.  OP has issued provisional letter of allotment of site dated 15.10.1987 in favour of Smt.Hamsaveniamma allotting a site measuring 2400 square feet, Visweswarayanagar 2^nd Stage, Belakahalli, Kodichikkanahalli, Bangalore as per Document No.5.  As per Document No.6 OP has requested the complainant‘s mother to pay balance amount of Rs.29,000/- .  At last OP informed the complainant’s mother that due to various events that have taken place as a result OP is not in a position to allot the site.  Hence, complainant sought for refund of the amount paid.  OP failed to refund the amount meanwhile Smt.Hamasaveniamma had expired.  The complainant being the son and legal representative of the deceased Hamsaveniamma got issued legal notice dated 01.08.2014 calling upon the OP to refund the amount paid along with interest at 18% per annum from the date of deposit within seven days as per Document No.9.  OP has failed to refund the amount.  Hence, this complaint.

8. From the available material on record it is clear that OP society having received a sum of Rs.42,000/- from the complainant during the years 1986, to 1992 till date neither allotted and register the site nor refund the advance amount paid to the complainant till date.  As per Document No.11 dated 06.08.2014, OP has admitted that acquisition of lands has been quashed by Hon’ble Supreme Court of India and OP has to restore the lands to Government and compensation is due from the Government to the extent of RS.5 Crores that means since 25 years OP has not refunded the amount to the complainant.  This act of OP amounts to deficiency in service on its part.  We are satisfied that complainant proved deficiency in service against OP.  Under the circumstances OP is liable to refund   Rs.42,000/- along with interest at 18% per annum from the date of respective payment till the date of realization and to pay compensation of Rs.20,000/- towards mental agony and litigation cost of Rs.3,000/- to the complainant.  Hence, the complaint of the complainant is partly sustainable.   Accordingly, we proceed to pass the following:

                                  O R D E R

1. The complaint filed by complainant is allowed in part. 

2. OP is directed to refund Rs.42,000/- to the complainant along with interest at 18% per annum from the date of respective payments till realization.

3.  Further OP is directed to pay compensation of Rs.20,000/- to the complainant towards mental agony together with litigation cost of Rs.3,000/-.

4. This order shall be complied within 30 days from the date of receipt of this order.

5. Supply free copy of this order to both the parties.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Forum by us on this the 21^st day of January 2016)

 MEMBER                           MEMBER                        PRESIDENT

NRS* 

C.C.No.603/2015

Witnesses examined on behalf of the complainant dated 05.01.2015

1. Sri.Suryaprakasha,

OP – Absent

MEMBER                           MEMBER                        PRESIDENT

NRS*