BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

26^th DAY OF NOVEMBER 2016

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct OPs to register the site or alternatively refund the amount of Rs.1,04,114-50/- together with interest @ 24% p.a. from the date of receipt of payment and compensation of Rs.5,00,000/- towards mental agony and hardship suffered by the complainant and further reliefs.

2. The brief averments made in the complaint are as under:

The complainant has become member of the OP and OP has allotted site No.4023 and SAS A/C No.590 for measuring 30x40 totally 1200 square feet.  But in the pass book it is mentioned as 2400 square feet i.e., 60x40.  The complainant in consideration of becoming a member of OP, the OP demanded payment of site value, fixed deposit and saving bank account with them and accordingly the complainant has paid the amount as detailed below.

The total value of site is Rs.19,000/- as clearly mentioned in the provisional letter of allotment dated 09.10.1986, but OPs have collected Rs.97,114-50 + Rs.7,000/- = Rs.1,04,114-50/- from the complainant.  After receipts of the above mentioned amounts, the OPs assured to register the site but failed to register the site as on date.  The OPs demanded the submission of domicile certificate and affidavit and same were also submitted  to OP who have acknowledged the receipt of the same and have also issued provisional letter of allotment of site vide their certificate date 09.10.1986 clearly shows the site value as Rs.19,000/- and balance due as nil.  But OPs have collected total amount of Rs.1,04,114-50/- towards the site value but have failed to register the site as on date.  The OPs have failed to register the site whereby the complainant has to suffer immense loss and mental agony.  The act of OP clearly establishes the deficiency of service.  The OPs have collected substantial amount more than the site value and assured to register the site, but they failed to do so.  The complainant left with no alternative, got issued letter dated 04.03.2013 and OP replied vide letter dated 07.03.2013 they will allot site and inform but failed to register the site is favour of complainant.  Thereafter, the complainant got issued a legal notice dated 17.06.2016 and same has received by the OPs but have failed to register the site as on date nor has returned the amount which they received.  Hence this complaint. 

3. The notice of complaint was issued to the OP, OP failed to appear and contest the complaint and has been placed ex-parte and the case was posted for filing affidavit of the complainant. 

4. In support of complaint averments, the complainant has filed affidavit evidence with documents through her advocate. 

5. Perused the averments made is the complaint, affidavit filed in lieu of evidence, documents filed by the complainant and other materials placed on record. 

6. The allegations made in the complaint, sworn testimony of the complainant coupled with letter of agreement of allotment goes to establish that the complainant attracted by the promises made by the OP and decided to purchase a site in the project formed by the OP.  The copy of rules regarding allotment of the site is produced by the complainant as document No.1 and 2.  The pass book A/C No.4023 is produced as document No.3.  Document No.4 is the FD receipt No.4782 dated 30.10.1981 for Rs.3,000/-.  Document No.5 is FD receipt No.4920 dated 20.11.1981 for 2,000/-.  Document No.6 is the FD receipt No. 6362 dated 30.05.1982 for Rs.100/-.  Document No.7 is the challan dated 30.05.1982 for Rs.100/-.  Document No.8 is the challan dated 30.11.1984 for the Rs.14-50/-.  Document No.9 is the challan dated 13.03.1986 for Rs.112/-.  Document No.10 is the challan dated 14.03.1985 for Rs.9,000/-.  Document No.11 is the receipt No.32 dated 27.07.1994 for Rs.16,000/-.  Document No.12 is the challan dated 04.10.1999 for Rs.25,000/-.  Document No.13 is the provisional letter of allotment of site dated 09.10.1986.  Document No.14 is letter of OP to the complainant dated 02.08.2001 regarding allotment of site.  Document No 15 is the reply letter of OP dated 27.06.2008 to the letter of complainant dated 11.06.2008.  Document No.16 is the reply letter of OP to the complainant dated 07.03.2013 stating the reason for their inability delay in allotment of site and assured the complainant to allot the site after the allotment of site for them from the Government.  Document No.17 is the legal notice dated 17.06.2016 issued to OP by the complainant through her advocate. 

7. OP despite receipt of consideration amount failed to allot a site to Mrs. Usha Murthy which amounts to deficiency of service and the same must have caused mental agony, great hardship to the complainant.  Though the complainant promptly paid the amounts demanded by the OP society to allot and register the site but OP failed to allot the site as promised in their letter of allotment.  Several correspondences took place between the parties regarding the allotment of site also. 

8. In spite of making several demands for allotment of site, the OP society has failed to do so compelling the complainant to approach the Forum for redressal of her grievance. The complainant is seeking relief for the unfair trade practice and deficiency of service on the part OPs. 

9. On perusal of oral and documentary evidence produced by the complainant it is clear that the OP has admitted that certain amount has been paid by the complainant towards the allotment of the site.  In spite of repeated requests and correspondence OP failed to allot the site.  This conduct of OP amounts to grave deficiency of service. Hence, the OP is also liable to pay compensation to the complainant apart from refunding the amount together with interest. 

10. The very fact of OP not contesting the proceedings leads us to draw an inference that OP is admitting the claim of the complainant.  There is no reason to disbelieve the unchallenged affidavit of the complainant and the documents produced.  The complainant must have suffered inconvenience and mental agony due to non-performance of the promise made by the OP.  In view of the discussions made above, we are of the considered opinion that the complainant has successfully proved the deficiency of service on the part of OPs.  Therefore, OPs have to be directed to register the site or refund the amount of Rs.1,04,114-50 to the complainant together with interest @ 18% p.a from the date of actual receipt till the date of realization.  Further OPs are directed to pay compensation of Rs.25,000/- to the complainant for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.3,000/-. 

11. In the result, we proceed to pass the following.

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OPs are directed to register the allotted site in favour of complainant or to refund the amount of Rs.1,04,114-50 together with interest  @ 18% p.a. from the date of actual receipt till the date of realization.  Further OPs are directed to pay compensation of Rs.25,000/- to the complainant for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.3,000/-.

OPs shall comply the order passed by this Forum within a month from today.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 26^th day of November 2016)

MEMBER                            MEMBER                     PRESIDENT

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Witnesses examined on behalf of the complainant dated 02.11.2016.

1. Smt.Usha Murthy

          OPs.1 & 2        -       Absent

MEMBER                           MEMBER                      PRESIDENT

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