<br /> Date of Filing:13.11.2008<br /> Date of Order: 30.12.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF DECEMBER 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 /> COMPLAINT NO: 2451 OF 2008 <br /> <br /> <br /> Mrs. Shameem Rahman,<br /> W/o Shaik Abdul Rahman,<br /> R/at No. 1414, 37th ‘B’ Cross,<br /> 11th Main, IV ‘T’ Block, <br /> Jayanagar, Bangalore-560 041. Complainant<br /> <br /> V/S<br /> 1. The Vyalikaval House Building <br /> Co-operative Society Ltd.,<br /> No. 7, 6th Cross,<br /> Malleswaram, Bangalore-560003, <br /> Represented by its Secretary.<br /> <br /> 2. Indraprastha Welfare Society,<br /> Vijaya Building, 6th ‘B’ Cross,<br /> Gandhi Nagar, Bangalore 09,<br /> Represented by its Secretary. Opposite Parties<br /> <br /> <br /> ORDER<br /> <br /> This complaint is filed U/Sec.12 of the Consumer Protection Act, 1986 for allotment of site and also for damages.<br /> The case of the complainant is that, complainant was member of the opposite party society. She got letter of allotment on 09/04/1986. An amount of Rs.90,972/- was paid on different dates as per the receipts issued by the society. She has made personal visits and sent several reminders to the opposite party to allot the site. She sent a legal notice on 23/08/2007 to the opposite party. She has been making several oral as well written requests and oral representations and every time, the opposite party has been promising her the site would be allotted. Hence, filed this complaint. <br /> 2. Notice was served to opposite parties. The opposite parties appeared through counsel and filed version. The opposite parties have filed version stating that, they could not form the layout due to so many reasons and they are refunding the amount to the members. The opposite parties are making best efforts to pay the amount to the members and society is ready to pay principle amount and society has no intention to omit to comply with the order passed by the Hon’ble Forum. <br /> 3. Arguments are heard. <br /> 4. The point for consideration is:-<br /> Whether the complainant is entitled for refund of the amount with interest? <br /> <br /> REASONS<br /> 5. The complainant has produced receipts issued by the opposite parties. By these documents it is clear that the complainant has paid total amount of Rs.90,972/- on different dates. As regards Payment made by the complainant there is no dispute. Even there is no dispute that the society has not allotted site to the complainant for so many reasons. The opposite parties are ready to refund the amount as stated in the defense version. In connected matters the present forum and also the Hon’ble State Commission is making orders for refunding the amount with interest and compensation and the society is implementing the orders by paying the amount. In this case, the complainant had deposited Rs.90,972/- and the society has made use of the amount. The complainant could not get the site. The Forum can take into consideration the escalation of the price of the sites in Bangalore, it would be fair and reasonable to refund Rs.90,972/- to the complainant along with interest. By this order the ends of justice will be met. So there is no difficulty for us to dispose of this complaint by giving directions to the opposite parties to refund the amount with interest and costs. In the result, we proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite parties are directed to refund Rs.90,972/- with interest at 15% p.a from the date of last payment i.e., on 15/06/1994. The opposite parties are directed to pay costs of Rs.2,000/- to the complainant. <br /> <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 30TH DAY OF DECEMBER 2008.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> <br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br />