<br /> Date of Filing:14.02.2008<br /> Date of Order: 07.06.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 7TH DAY OF JUNE 2007<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: 428 OF 2008 <br /> <br /> Smt. B.J. Vibhavari,<br /> W/o N.G. Venugopal, R/at No.6, II Floor,<br /> Sairam Apartments, SVK Layout,<br /> Basaveshwaranagar,<br /> Bangalore-560 079. Complainant<br /> <br /> V/S<br /> The Vyalikaval House Building <br /> Co-operative Society Ltd.,<br /> Having its Office at 11th Cross,<br /> Malleswaram, Bangalore-560003, <br /> Represented by its Secretary. Opposite Party<br /> <br /> ORDER<br /> <br /> This complaint is filed U/Sec.12 of the Consumer Protection Act, 1986 for refund and also for damages.<br /> The case of the complainant is that, complainant was member of the opposite party society in 1986. She got letter of allotment on 17/12/1999. An amount of Rs.1,80,,000/- was paid on different dates as per the pass book issued by the society. She has made personal visits and sent several reminders to the opposite party to refund the amount, but in vain. She had written a letter on 17/12/2007 to the opposite party requesting to refund the said amount citing her bonafide difficulties. When she requested for refund of money, the opposite party society has requested the complainant to wait for some more time. 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 party. The opposite party society appeared through counsel and filed version. The opposite party has filed version stating that, it could not form the layout due to so many reasons and the society is refunding the amount to the members. The opposite party society is 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. The complainant has filed affidavit evidence. The opposite party has not filed affidavit evidence. 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 pass book of opposite party. By this document it is clear that the complainant has deposited total amount of Rs.1,80,000/- up to 11/12/1999. Totally, there were four items paid by the complainant on different dates right from 1995 till 1999. 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 party is 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.1,80,000/- right from 1995 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 award Rs.50,000/- as lump sum compensation to the complainant along with principle amount and 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 party 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 party is directed to refund Rs.1,80,000 with interest at 10% p.a from the date of last payment along with compensation of Rs.50,000/- within 30 days. The opposite party is directed to pay costs of Rs.5,000/- 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 7TH DAY OF JUNE 2007.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> <br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br />