BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 21^st DAY OF JUNE, 2023

APPEAL NOS. 710/2019

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI – MEMBER

Karnataka Telecom Department

Employees Co-Operative Society Ltd,

No.706, 1^st Floor, CBI Road,                               … Appellant/s

HMT Layout, RT Nagar post,

(Near St.Jude Catholic Church)

Bengaluru-560 032

Represented by its Secretary

(By Sri.H.G.Thimmaiah, Advocate)

                                          -Versus-

Sri.V.R.Raju

S/o late Rathnakar D.Venakvore,

No.1176, 3^rd Cross, 18^th Main,                 … Respondent/s

J.P.Nagar, 2^nd Phase,

Bengaluru

(By Sri.Dinesh Solanki, Advocate)

O R D E R

BY SRI RAVISHANKAR, JUDICIAL MEMBER

The Opposite Party/Appellant preferred this Appeal against the order passed by the District Consumer Commission, Mysuru dated 8-3-2019 in Complaint Nos.203/2018 which directed this Appellant to allot a site measuring 40X60ft in their “Kuberananda Sagara Layout” at Mysore and execute the registered sale deed. Failing which, the Opposite Party is liable to pay penalty of Rs.200/- per day until compliance. Further the Opposite Party shall pay compensation of Rs.1,50,000/- for deficiency in service and Rs.25,000/- for mental agony and Rs.5,000/- litigation expenses. In default, the Opposite Party shall pay interest @12% per annum on the said amount and submits that the complainant become a member of the Opposite Party society and applied for allotment of site measuring 40X60ft and paid a sum of Rs.5,47,200/-. After payment of the said amount, the complainant requested for allotment of site, but the Opposite Party deliberately not allotted the site and postpone the allotment of site for the one or the other reason. The complainant made several representations either to allot the site or to refund the amount paid. But the Opposite Party kept quiet without considering the request made by the complainant. Subsequently, the complainant issued legal notice and called upon the Opposite Party to allot the site and even in spite of legal notice the Opposite Party not replied the legal notice. Subsequently, the complainant filed this complaint alleging deficiency in service and sought for allotment of site.  

2. After trial, the District Consumer Commission allowed the complaint and directed this appellant to allot a site along with compensation and litigation expenses. In fact, the complainant become a member for allotment of site measuring 40 X 60ft in the layout named “Kuberananda Sagara” at Mysore and paid a sum of Rs.5,47,200/- and he has not paid the total sital value of the site. The complainant has to pay the balance sale consideration amount. The appellant has allotted the site on the basis of seniority. The delay in formation of the sites is not due to any intentional, it is only due to approval from the side of authority. The appellant is ready to allot and register the site to the complainant, once the complainant makes the balance payment. The formation of the site is time consuming and requires approval from various Government Authorities. The appellant assured to allot the site to the complainant on payment of balance sale consideration of Rs.4,77,600/-. The complainant is not come forward to the pay the balance amount. In spite of that, they had filed false complaint alleging deficiency in service. The District Commission without consider the said defence has allowed the complaint and directed this appellant to allot the site along with compensation and litigation expenses. In fact they ready to allot the site, hence prayed for set aside the order passed by the District Commission and dismiss the complaint, in the interest of justice and equity.           

3. Heard from both sides.

4. On perusal of the memorandum of appeal, certified copy of the order passed by the District consumer Commission, it is noticed that the complainant had paid an amount of Rs.5,47,200/-. The complainant constrained to file the complaint for allotment and registration of the site. This appellant had not shown any material to show that subsequent layout is developed and ready for registration. In the absence of such material, we cannot believe the arguments submitted by the learned advocate for appellant. When the layout was not developed in spite of sufficient time taken, the complainant is entitled to allot the sites. The District Commission after considering the evidence had directed this appellant to allot and register the site in the complainant’s favour within 60 days and if they fail, they have directed to pay penalty of Rs.200/- per day until compliance along with compensation and litigation expenses. The order passed by the District Commission is in accordance with law. We do not find any merits in the appeal; as such the appeal is dismissed and the order passed by the District Commission is confirmed. Accordingly, we proceed to pass the following:               

O R D E R

The Appeal No.710/2019 is hereby dismissed. No order as to cost.

The impugned order 8-3-2019 passed by the District Consumer Disputes Redressal Commission, Mysuru in CC.No.203/2018   is confirmed.

The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the complainant.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

Member                                                         Judicial Member