BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 18^TH DAY OF JULY 2022

ORDER

KUM. RENUKADEVE DESHPANDE, MEMBER

This complaint has been filed under section 35 of C.P.Act 2019 (herein after referred as “Act”)  against the OPs for the following reliefs.

1. To direct the opposite party  society to allot a site measuring 1200 sq. feet in favour of the complainant by fixing time limit in case if the opposite arty not in a position to comply alternatively be directed to refund the amount of Rs.1,30,000/- which the opposite party has received at the rate of 18% p.a., from 06.01.1988 till the date of actual payment
2. Any other direction or order which the Hon’ble Forum deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the complainant along with compensation and cost of this complaint, in the interest of justice and equity.

2.        The brief facts of the complaint is as follows:

OP is the co-operative society formed with an object to develop and allot the housing site to the members of the society.  With an intention to acquire one site complainant approached the OP society. The OP society promised the complainant that they will allot a site measuring 1200 sq. feet at Nagawara, Bengaluru.  Accordingly the complainant had paid an amount of Rs.1,30,000/- to the OP society on different dates.  After receiving the said sum of Rs.1,30,000/- from the complainant, the OP society issued a Provisional letter of allotment of site at Nagawara, Bengaluru, in the name of the complainant and has also promised to give the possession of the site allotted to the complainant within a reasonable time.  The complainant is a member of the OP society since from 1988 and complainant had been waited and contacted the OP society from the last 35 years for getting a site as promised by the OP, but OP society neither refunded the entire amount with accrued interest nor provided the site in the name of the complainant.  Complainant issued a legal notice dated 18.08.2021 to the OP. Said notice has been duly served on the OP, but the OP has failed to give reply to the said notice.  The complainant having no other option approached this Hon’ble Commission seeking direction to the OP to refund the entire amount with accrued interest thereon.

3.        On receipt of the notice, OP did not appear before this Commission, hence OP is placed exparte. Thereafter the complaint was posted for filing affidavit evidence of the complainant.

4.        In order to substantiate his case, complainant has filed his affidavit evidence and produced documents which are marked as Ex.P1 to P5.  Complainant has submitted written arguments. Heard the arguments.

  5.      On the basis of the pleadings, the followings points arise for our consideration;

1. Whether the complainant proves deficiency of service on the part of the OP, if so complainant is entitled for the relief sought for?
2. What order?

6.      Our answer to the above points are as under:

       Point No.1:- Partly affirmative

      Point No.2:-As per the final order

For the following

REASONS

7. Point No.1:   

We have perused the pleadings of the complainant, documents and the evidence placed on record.  Though notice has been duly served OP, OP failed to appear and were placed exparte.  Under such circumstance, non filing of the version and written arguments, OP has admitted the claim of the complainant. In the light of the decision reported in 2018(1)CPR 314(NC) in the case of M/s Singla Builders and Promoters Ltd., -vs- Amankumar Garg.

8.      The complainant with an intention to acquire a site approached the OP society and the OP society promised the complainant that they will allot a site measuring 1200 sq feet at Nagawara, Bangaluru.  Accordingly the complainant has paid a sum of Rs.1,30,000/- to the society.  After receiving the above said amount, the OP society has promised to give the possession of the site allotted to the complainant within a reasonable time, but the OP society failed to allot the site in favour of the complainant.

9.      To establish his case the complainant has produced the documents, which marked as Ex.P1 to P5.  According to the Ex.P2, pass book issued by the society, the last payment made by the complainant dated 12.03.2001.  Complainant has paid an amount of Rs.1,30,000/- to the OP society on different dates, but OP society has failed to give possession of the site allotted in favour of the complainant. The complainant had waited and also contacted the OP society from the last 35 years for getting a site as promised by the OP society, but so far the OP society neither refunded the amount nor allotted the site in favour of the complainant.  The OP society having received a sum of Rs.1,30,000/- failed to deliver the site as promised by the OP and this amounts to deficiency of service on the part of the OP society, for which the complainant has suffered loss and mental agony.

10.    The complainant has also issued a legal notice as per Ex.P3 to the OP and the said legal notice has been duly served on the OP.  OP society has committed deficiency in service, by giving false promises to the complainant which amounts to unfair trade practice.  Hence it is proper to pass an order of refund the amount to the complainant along with interest at 9% p.a., from the date of respective payment till the date of realization along with Rs.2,000/- towards litigation cost to the complainant. Accordingly we answer Point No.1 partly in the affirmative.

11.   Point No.2:

In the result, we proceed to pass the following;

O R D E R

1. Complaint is allowed in part.
2. OP society is directed to refund a sum of Rs.1,30,000/- with interest at 9% p.a., from the date of respective payment till the date of realization.
3. OP is further directed to pay a sum of Rs.2,000/- as cost of litigation.
4. The OP shall comply this order within 60 days from the date of receipt of this order.
5. Furnish free the copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 18^th  day of July, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 : Nil