Date of Filing:17.01.2008<br /> Date of Order: 29.02.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 29TH DAY OF FEBRUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 163 OF 2008 <br /> V.R. Raman, S/o Late V.R. Ramanathan,<br /> No.34, Infantry Road, Bangalore-560000. Complainant<br /> <br /> COMPLAINT NO: 164 OF 2008 <br /> <br /> V.R. Balasubramanian,<br /> S/o Late V.R. Ramanathan,<br /> R/at No.1, ‘SABARI’,<br /> S.G. Palya, C.V. Raman Nagar Post,<br /> Bangalore-560 093. Complainant<br /> <br /> COMPLAINT NO: 165 OF 2008 <br /> <br /> N. Subramanian, S/o Late N.S. Narasimha Iyer,<br /> R/at Flat No. 204, Divyashree Residency,<br /> No.5/1, Devegowda Road, R.T. Nagar,<br /> Bangalore-560 032. Complainant<br /> <br /> <br /> COMPLAINT NO: 166 OF 2008 <br /> <br /> 1) V.R. Raman,S/o Late V.R. Ramanathan,<br /> No.34, Infantry Road, Bangalore-560001.<br /> <br /> 2) V.R. Balasubramanian,<br /> S/o Late V.R. Ramanathan,<br /> R/at No.1, ‘SABARI’, S.G. Palya, <br /> C.V. Raman Nagar Post, Bangalore-560 093.<br /> <br /> <br /> 3) V. Ramakrishnan,<br /> S/o Late V.R. Ramanathan,<br /> R/at Maruthi, T.C. 36/864,<br /> Palkulangara, Thiruvanthapuram-695 008,<br /> Represented herein by his Power of Attorney Holder,<br /> V.R. Balasubramaniam. Complainants<br /> <br /> V/S<br /> <br /> <br /> The Vyalikaval House Building <br /> Co-operative Society Ltd., <br /> No.100, 11th Cross, 6th Main,<br /> Malleswaram, Bangalore-560 003,<br /> Represented by its Secretary. <br /> (Common opposite party in all the cases) Opposite Parties<br /> <br /> ORDER<br /> By the president Sri. S.S. Nagarale<br /> These four complaints are clubbed together for passing common orders since the opposite party is one and the same. The respective complainants have filed complaints U/Sec.12 of the Consumer Protection Act, 1986 against the Vyalikaval House Building Co-operative Society Limited for refund of the amount with interest at the rate of 10% p.a from the date of respective deposits made by the complainants. The complainants also sought grant of compensation and award of costs. The complainants in complaint No. 163/2008 has deposited a sum of Rs. 75,200/-, Rs. 64,000/- in complaint No.164/2008, Rs. 54,000/- in complaint No.165/2008 and the mother of complainants (late Smt. P.R. Meenakshi, who died on 9/7/2003) in complaint No.166/2008 Rs.63,000/- on different dates. As per the allegations made by the complainants the opposite party is a registered House Building Co-operative Society, is engaged in the formation of layout of residential sites for the purpose of allotment to the members. The complainants have been admitted as members to the society. As per the rules and bylaw of society the complainants have opened account with the opposite party-society and pass book was issued to the respective complainants. The complainants made several requests to allot sites and finally issued legal notice dated 20/11/2006 demanding amount deposited by them and the said notice resulted in a reply dated 01/12/2006 wherein the opposite party prevailed upon the complainant to wait for some time as the Hon’ble High Court of Karnataka had directed the State Government to allot 200 acres of alternate land and after allotment of such alternate lands they would form a layout and make allotment of sites, else, they would refund the amounts after their financial condition improves. The opposite party has not taken any action for allotting the sites. The opposite party has not come forward either to allot the site or to refund the deposited amount with interest. The complainants have submitted that, there is a deficiency in service. It would be meaningless to wait indefinitely as the complainants see no ray of hope in the opposite party allotting any land to its members in the near future. Hence, all the complainants have prayed that the opposite party may be directed to refund the full deposited amount of with interest at 10% p.a and also they requested for grant of compensation and costs of the litigation. <br /> 2. After admitting the complaints, notice was issued to the opposite party by registered post. Notice was served on the opposite party and on behalf of the opposite party Sri. Shivaramaiah, Advocate has filed Vakalath and defense version also filed stating that the complaint is not maintainable either in law or on facts and prayed to dismiss the complainants.<br /> 3. All the complainants have filed their affidavit evidence. Opposite party also filed affidavit evidence. <br /> 4. We have heard the arguments on both the sides.<br /> 5. The points for consideration are:-<br /> (1) Whether there is a deficiency in service on the part of the opposite party?<br /> <br /> (2) Whether the complainants are entitled for refund of the deposited amount with interest?<br /> <br /> 6. Our findings to both points are in the affirmative for the following:-<br /> <br /> REASONS<br /> POINTS NO.1 & 2:-<br /> 7. We have gone through the allegations made in the complaints and the documents produced by the complainants. The complainants have produced provisional letter of allotment of sites. The complainants have also produced copy of the Pass Book confirming the deposits made by them, issued by the opposite party. The allegations made in the complaints have gone unchallenged. In connected cases against the Vyalikaval House Building Society Limited, the District Forum and also the Hon’ble State Commission have been ordering the society to refund the amount with interest and compensation. The society was not able to form the layout and allot the sites to the respective members for so many reasons. Therefore, the only option now available to the members is to get back their amount with interest. Since the amount was held-up and the society enjoyed the money paid by the complainants, it is bound to refund the amount with interest. Since the society failed to allot the sites as assured to the members, there is definitely a deficiency in service. In the result, I proceed to pass the following:- <br /> <br /> ORDER <br /> <br /> The Complaint No.163/2008 is allowed. The opposite party is directed to pay Rs.70,200/- to the complainant with interest at 10% p.a., on the same from 17-12-1993 till the date of payment/realization with costs of Rs.5,000/- within one month from the date of communication of the copy of the order. <br /> <br /> The Complaint No.164/2008 is allowed. The opposite party is directed to pay Rs.64,000/- to the complainant with interest at 10% p.a., on the same from 17-12-1993 till the date of payment/realization with costs of Rs.5,000/- within one month from the date of communication of the copy of the order. <br /> <br /> The Complaint No.165/2008 is allowed. The opposite party is directed to pay Rs.54,000/- to the complainant with interest at 10% p.a., on the same from 17-12-1993 till the date of payment/realization with costs of Rs.5,000/- within one month from the date of communication of the copy of the order. <br /> <br /> The Complaint No.166/2008 is allowed. The opposite party is directed to pay Rs.63,000/- to the complainant with interest at 10% p.a., on the same from 17-12-1993 till the date of payment/realization with costs of Rs.5,000/- within one month from the date of communication of the copy of the order. <br /> <br /> 8. The original of this order shall be kept in complaint No.163/2008 and a true copy thereof shall be kept in each of the other cases. <br /> <br /> 9. Send the copy of this Order to both the parties free of costs immediately.<br /> <br /> 10. Pronounced in the Open Forum on this 29th DAY OF FEBRUARY 2008.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br /> <br />