1. These are the complaints presented by the complainants against the common Opposite party, the House Building Co-operative Society under section 12 of the Consumer Protection Act. The common grievances of the complainants in these complaints are that they were the members of the Opposite party House Building Co-operative Society applied for allotment of a site each to them in Nadanahalli Layout formed by the Opposite party in the year 1997, paid entire sital value amounting to Rs.90,000/-.<br /> 2. It is the further grievances of the complainant of the 1st complaint that thereafter he approached the Opposite party several times for allotment of site, but the Opposite party failed to allot him a site, but allotted sites to several members who were Junior to him, therefore has prayed for a direction to the Opposite party to refund the deposit amount of Rs.90,000/- with interest at 24% p.a. and also to pay a sum of Rs.5,000/- towards mental agony. Whereas the 2nd complainant further contended that the Opposite party thereafter allotted site No.137 in Nadanahalli Extension issued allotment letter and also informed him to pay development charges of Rs.20,000/-. He was always ready and willing to pay the development charges. But, the Opposite party did not inclined to receive it and execute a register sale deed by making a final allotment and therefore he has prayed for a direction to the Opposite party for allotment of a site measuring 40’ x 60’ at Nadanahalli Extension and also to award Rs.10,000/- towards the mental agony. The Opposite party has filed version admitting all the grievances of the complaints including payment of sital value, but denied in the complainants having paid the full sital value contending as if the value of the site shall have to be determined later finally. It is further contended by the Opposite party that relevant documents are not available in the Society that the elected body is superseded and in its place he has been appointed as the Administrator, the committee of management has committed several irregularities incurred liability and by denying other allegations has prayed for dismissal of the complaints.<br /> 3. In the course of enquiry into the complaints allegations, the complainants and Administrator of the Opposite party society have filed their affidavit evidence reproducing what they have stated in their respective complaints and the version. The complainants have produced the pass book and receipts for having paid Rs.90,000/- each. The 2nd complainant has also produced the temporary allotment letter. <br /> 4. Heard the counsel for both the parties and perused the records.<br /> 5. On the above contentions, following points for determination arise.<br /> 1. Whether the complainants prove that the Opposite party after receipt of considerable sital value has failed to allot sites to the 1st complainant and to make a final allotment to the 2nd complainant and thereby has caused deficiency in its service?<br /> 2. To what relief the complainants are entitled for?<br /> 3. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : In the Affirmative.<br /> Point no.2 : In the affirmative.<br /> Point no.3 : See the final order.<br /> <br /> REASONS<br /> <br /> 7. Points no. 1 and 2:- The claim of the complainants that they were the members of the Opposite party House Building Co-operative Society paid Rs.90,000/- each for allotment of one site each measuring 40’ x 60’ is admitted by the Opposite party. The fact that the Opposite party society had even allotted a site bearing No.137 at Nadanahalli layout in favour of the 2nd complainant is also admitted by the Opposite party and not denied in not issuing final allotment letter in favour of that complainant and execution of other relevant documents. The case of the complainants that the Opposite party has failed to allot her a site has remained un-controverted. It is further alleged by the complainants that the Opposite party society has allotted sites to the Junior members ignoring their claim is evidenced from the version and affidavit of the Opposite party. The Opposite party has stated that site no.137 which was allotted to the second complainant temporarily has been allotted to another member on 05.02.2005. These facts make clear that the Opposite party society went on allotting sites to the people of their choice despite the fact that several members who were senior to them were waiting for allotment even after paying the considerable sital value. Further claim of the complainants that the Opposite party society in this way has caused deficiency in its service has not been contradicted by the Opposite party. Therefore, we hold that the Opposite party has caused deficiency in service in not taking further action pursuance of the receipts of payments by the complainants.<br /> 8. In the course of enquiry into number of complaints filed against this Opposite party it transpired that the management committee of the Opposite party has been superseded and an Administrator is appointed in its place and it is also further submitted that out of 2 layouts formed by it, one at Hebbal and another at Nadanahalli, all the sites have already been disposed off leaving no sites for allotment. However, the complainant of the 2nd complainant has prayed for a direction to the Opposite party for allotment of a site in Nandanahalli layout. Whereas the 1st complainant has applied for refund of money. It is noticed by this Forum while enquiring into the complaints filed against this Opposite party, the Opposite party after receipt of money from several members has acted arbitrarily and allotted sites to the members of their choice including allotting sites to the kith and kin of office bearers. It is under these circumstances, we find that there is misuse and abuse of powers by the committee of management of society causing mental agony and loss to these complainants. It is for these reasons we find it just to award some compensation for mental agony besides granting the substancious relief sought for by the complainants. With the result, we answer point no. 1 and 2 accordingly and proceed to pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaints are allowed.<br /> 2. In the 1st complaint, the Opposite party is directed to refund Rs.90,000/- to the complainant with interest at 18% p.a. from 01.01.1998 till the date of payment.<br /> 3. The Opposite party is also directed to pay compensation of Rs.10,000/- to the complainant for mental agony and also to pay cost of Rs.1,000/-.<br /> 4. The Opposite party is further directed to pay the amounts awarded above within 90 days from the date of this order, failing which it shall also pay interest at 12% p.a. on Rs.10,000/- (compensation) from the date of order till the date of payment.<br /> 5. In the 2nd complaint, the Opposite party is directed to allot a site measuring 40’ x 60’ in favour of 2nd complainant within 6 months from the date of this order at the rate prevailing as on the date of temporary allotment by also delivering possession and execution of title deed at the cost of the complainant.<br /> 6. In the event of the Opposite party failing to allot a site as ordered above it shall pay interest at 9% p.a. on Rs.90,000/- paid by the complainant from January 1998 till the final allotment of a site is made. <br /> 7. The Opposite party shall also pay cost of Rs.1,000/- to the 2nd complainant. <br /> 8. Keep the original order copy in CC 278/07 and Xerox copy of the order in CC 279/07.<br /> 9. Give a copy of this order to each party according to Rules.<br />