COMPLAINT FILED ON: 27.07.2011 DISPOSED ON: 29.10.2011 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 29th OCTOBER - 2011 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI.M.MUNIYAPPA MEMBER COMPLAINT NO. 1388/2011 COMPLAINANT | Sri.V.J.Dharma Raja, S/o Late Javaregowda, Aged about 55 years, No.235, 21th Main, “Rakshitha Nilaya”, Srinivas Nagar, Nandini Layout, Bangalore-560096. (Adv: S.K.Srinivasa) Vs. | OPPOSITE PARTY | THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., No.62, 7th main Raod, Between 8th and 9th Cross, Malleswaram, Bangalore-560003. Represented by its Secretary. (Exparte) |
O R D E R SMT. M. YASHODHAMMA, MEMBER This is a Complaint filed U/S. 12 of Consumer Protection Act of 1986, by the complainant, seeking direction to the Opposite party (herein after called as O.P) to allot a site or to refund Rs.41,000/- paid towards sital value with interest and other reliefs on the allegations of deficiency in service on the part of O.P. 2. In spite of service of notice OP failed to appear. Hence placed exparte. 3. The complainant in order to substantiate the complaint averments filed affidavit evidence and produced documents. 4. Heard from complainant side. 5. We have gone through the unchallenged affidavit evidence of the complainant. The complainant became the member of the OP housing co-operative society in the year 1982. OP accepted the membership of the complainant by allotting membership No.1021 and assured to allot a site in their purposed Chanakyapuri Layout. The Complainant paid O.P. an amount of Rs.41,000/- on different date starting from 19-1-1981 to 19-9-2004. Copy of the pass book issued by the O.P. is produce. O.P. is also issued Provisional allotment letter dated 7-10-1986 on allotting 1200 Sq.ft. at Chanakyapuri Layout Nagavara, Cholanayakanahalli and Viswanathanagenahalli of Gangenahalli to the complainant. O.P. requested to complainant to furnish affidavit and domicile certificate. Hence complainant furnish the same to O.P. on 3-7-1991.Subsequent issuance of Provisional allotment letter. O.P. started demanding additional amount. Complainant requested to O.P. allot the site or to refund the amount. OP fail to registered the same. Complainant issued legal notice calling upon O.P.2 refund Rs.41,000/- with interest at 18% p.a. and compensation of Rs.50,000/-. O.P. in its reply dated 11-7-2007 inform the complainant that O.P. is making alternative refund the amount. There is no agreement. But O.P. has fail to refund the amount. There was no reason disbelieve unchallenged the affidavit evidence and document evidence at very fact of O.P. not contesting the matter leads us to draw on assurance O.P. admits all the allegation. That at becomes O.P. have accepted the Rs.41,000/- from the complainant in the year 1993-94 towards sital value has failed to allot the site or to refund the amount since 17 years. If OP was not in a position to allot any site it would have fairly refunded the amount deposited by the complainant. This act of OP in neither forming the layout nor refunding the amount received from the complainant amounts to deficiency in service on its part. Un Under the circumstance we are considered view complainant is entitled for refund of amount towards cost of the site along with interest 12% p.a. compensation of Rs.50,000/- towards escalation cost. litigation cost of Rs.2000/-. Accordingly we proceed to pass the following order. O R D E R The complaint is allowed in part. OP is directed to refund Rs.41,000/- with interest at 12% p.a. from the date of respective payments till the date of realisation, pay compensation of Rs.50,000/- towards escalation cost and pay litigation cost of Rs.2000/- to the complainant. This order is to be complied within 4 weeks from the date communication of this order. Send the copy of this order both the parties free of cost. (Dictated to the Stenographer and typed in the computer and transcribed by him verified and corrected, and then pronounced in the Open Court by us on this the 29th day of October 2011.) MEMBER MEMBER PRESIDENT Rk. COMPLAINT FILED ON: 04.07.2011 DISPOSED ON: 14.10.2011 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 14th OCTOBER - 2011 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI.M.MUNIYAPPA MEMBER COMPLAINT NO. 1220/2011 COMPLAINANT | Dr. SRI.PRAKASH C.RAO, S/o A.R.C. Rao, Aged about 57 years, “Clinic Aparna” No.4/1, Mathikere main Road, Bangalore-560022. (Adv: S.K.Srinivasa) Vs. | OPPOSITE PARTY | THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., No.62, 7th main Raod, Between 8th and 9th Cross, Next to Jupiter Nursing Home, Malleswaram, Bangalore-560003. Represented by its Secretary. (Exparte) |
O R D E R SMT. M. YASHODHAMMA, MEMBER This is a Complaint filed U/S. 12 of Consumer Protection Act of 1986, by the complainant, seeking direction to the Opposite party (herein after called as O.P) to allot a site or to refund Rs.63,000/- paid towards sital value with interest and other reliefs on the allegations of deficiency in service on the part of O.P. 2. Inspite of service of notice OP failed to appear. Hence placed exparte. 3. The complainant in order to substantiate the complaint averments filed affidavit evidence and produced documents. 4. Heard from complainant side. 5. We perused the complaint averments, documents produced along with affidavit evidence of the complainant. The complainant became the member of the OP housing co-operative society. OP accepted the membership of the complainant by allotting membership No.9856 and assured to allot a site. The Complainant paid an amount of Rs.48,000/- on 9/7/1991 and Rs.15,000/- on 19/10/1993. Totally complainant paid Rs.63,000/- to O.P. towards cost of the site. Copy of the pass book issued by OP is produced. OP has also issued provisional allotment letter dated 31/10/1986 allotting site measuring 2400 Sq.ft. situated at Chanakyapuri layout, Nagavara, Cholanayakanahalli and Vishwanathnahalli of Gangenahalli side. Complainant requested OP to allot and register the site. Inspite of repeated requests OP failed to allot and register the same. Complainant got issued legal notice on 21/6/2011 calling upon OP to allot the site or to refund the amount. OP gave the reply dated 22/6/2011 stating OP has lost the land due to case filed by the landlords. OP is expecting funds in the end of July 2011. OP is ready to refund the amount. Still OP has failed to refund the amount or to allot the site. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of OP remaining exparte leads us to draw an inference that OP admits all the allegations made by the complainant. Thus it becomes clear that OP having accepted Rs.63,000/- from the complainant in the year 1993-94 towards sital value has failed to allot the site or to refund the amount since 17 years. If OP was not in a position to allot any site it would have fairly refunded the amount deposited by the complainant. This act of OP in neither forming the layout nor refunding the amount received from the complainant amounts to deficiency in service on its part. Complainant has sought for direction to O.P. to allot and register the site. Since O.P. has failed to form the layout such relief cannot be considered. The similar cases O.P. is directed to refund amount along with interest and compensation of Rs.50,000/- towards escalation cost. Under these circumstances we are of the considered view that complainant is entitled for alternative relief of refund of amount paid towards cost of the site along with interest at 12% p.a., compensation of Rs.50,000/- and litigation cost of Rs.2000/-. Accordingly we proceed to pass the following order. O R D E R The complaint is allowed in part. OP is directed to refund Rs.63,000/- with interest at 12% p.a. from the date of respective payments till the date of realisation, pay compensation of Rs.50,000/- towards escalation cost and pay litigation cost of Rs.2000/- to the complainant. This order is to be complied within 4 weeks from the date communication of this order. Send the copy of this order both the parties free of cost. (Dictated to the Stenographer and typed in the computer and transcribed by him verified and corrected, and then pronounced in the Open Court by us on this the 14th day of October 2011.) MEMBER MEMBER PRESIDENT Rk. | 
