Sri. Ashok Kumar J.Dhole<br /> President,<br /> <br /> 1. This Complaint is filed under section 12 of the Consumer Protection Act, 1986 seeking direction to the Opposite Party - Society to allot a site measuring 30ft x 40ft. The Complainant has also claimed damages of Rs.50,000/- and cost.<br /> 2. Notice of this Complaint was sent to the Administrator of Vanivilasa House Building Co-operative Society Ltd., Mysore. In the meanwhile, the Deputy Registrar of Co-operative Society passed an Order and restored the management to the Committee. For that reason, the Complainant moved an application for amendment of the Complaint and thereafter, this Complaint was preceded against the Secretary of the Co-operative Society. <br /> 3. It is necessary to mention that notice was duly served on the Opposite Party. Sri.S.Kumarswamy, Advocate appeared for the Opposite Party. Inspite of number of adjournments, the Opposite Party has not filed any Version, and remained absent. Hence, the Opposite Party was placed exparte on 04.07.2006. Complainant filed affidavit and documents. Heard the learned counsel for the Complainant. <br /> 4. The facts contended by the Complainant can be briefly summarised as under:-<br /> The Opposite Party is a Co-operative Society registered under the provisions of Karnataka Co-operative Societies Act, with an object to form layouts, and allot residential sites to it’s members. The Complainant’s father named S.N.Nagamangalaiah @ Puttannaiah S/o Nanjappashetty, became a member of the Opposite Party-Society on 23.05.1991, he has paid an amount of Rs.5,103/- towards admission and share fee. He has also applied for allotment of a site measuring 30 x 40ft. by depositing an amount of Rs.5,000/- on 23.05.1991 under receipt No.2012. The Opposite Party accepted his membership and opened an account in Khatha No.SLF 396 which was subsequently changed as SLF 402. It is also contended that the Complainant’s father paid amounts as under:<br /> <br /> <br /> <br /> Sl. No. Receipt No. Amount Date <br /> 1 2982 5,000/- 18/08/1992<br /> 2 3105 10,000/- 12/10/1992<br /> 3 4969 5,000/- 15/05/1995<br /> 4 5937 5,000/- 09/07/1996<br /> 5 6015 5,000/- 27/07/1996<br /> <br /> 5. It is further contended by the Complainant that the Opposite Party-Society got issued a letter to the Complainant’s father on 08.08.2001 informing that he is eligible for allotment of a site. It was also informed that final price for site measuring 30 x 40ft. is fixed at Rs.45,000/-. The Opposite Party-Society demanded balance amount of Rs.10,000/- on or before 25.08.2001. According to this notice/letter, the Complainant’s father deposited the balance amount of Rs.10,000/- on 24.08.2001. As the total amount was paid, the Complainant’s father was entitled to seek possession of a site.<br /> 6. It is further contended by the Complainant that his father died on 15.01.2003 leaving behind two sons and two daughter. The name of the Complainant was mentioned as nominee in the accounts of the Opposite Party. Inspite of repeated reminders, the Opposite Party-Society has failed to deliver possession of a site by issuing allotment letter. Such act of the Opposite Party amounts to deficiency in service. Hence, the Complainant got issued a legal notice and filed this Complaint.<br /> 7. As Opposite Party has remained absent and not contested the matter, we are constrained to accept the affidavit and documents produced by the Complainant.<br /> 8. Points for our consideration are as under:-<br /> 1. Whether the Complainant has proved deficiency in service on the part of the Opposite Party?<br /> 2. If so to what relief the Complainant is entitled?<br /> 9. Our findings are as under:-<br /> 1. Point No.1 :- Affirmative.<br /> 2. Point No.2 :- As per final order.<br /> <br /> <br /> <br /> REASONS<br /> <br /> 10. POINT NO. 1:- The Complainant has produced the original pass book, and entries made therein are sufficient to show that apart from share fee, the Complainant’s father paid an amount of Rs.45,000/- till 24.08.2001. The Complainant has also produced original death certificate to show that his father Sri.S.N.Nagamangalaiah died on 15.01.2003. He has also produced two original survivorship certificate issued by Tahasildhar of K.R.Pet dated 16.02.2006. This certificate will disclose that Complainant has got one brother and two sisters, and being a nominee he is entitled to prosecute this Complaint for and on behalf of all legal heir. We may like to make it clear that the relief granted in this Order is for and on behalf of all legal representative of Late S.N.Nagamangalaiah.<br /> 11. Complainant has also produced the original receipts to show that Late S.N.Nagamangalaiah had paid total amount of Rs.45,000/- from 23.05.1991 up to 24.08.2001. He has also produced the letter issued by the Opposite Party dated 25.05.2001 and 08.08.2001 to show that Late S.N.Nagamangalaiah was eligible for allotment of a site, and accordingly, he was directed to pay the balance amount of Rs.10,000/-. Inspite of such payment, the Opposite Party-Society has failed to allot and deliver possession of such site to Late S.N.Nagamangalaiah. Such act of the Opposite Party amounts to deficiency in service. <br /> 12. It is seen from the records that due to various administrative reasons, the Society was superseded. Some administrator was appointed for management of the affairs of the Society. Again the management is restored to the Managing Committee and Secretary. As far as payment of amount is concerned, it is important to note that the Complainant’s father paid an amount of Rs.35,000/- from the year 1991 to 96. The balance amount was promptly paid in the year 2001. Inspite of waiting nearly for 15 years, the Complainant and his father were not able to get a site. The Complainant has sought the relief of allotment of site and damages of Rs.50,000/-. But, to give finality to the matter, we feel that an alternative relief is also necessary to meet ends of justice. From the year 1991 up to 2006, the prices of the sites have gone up. The cost of construction has also increased. Hence, in case there is failure to allot site, some monitory relief is necessary to be granted in favour of the Complainant. Hence, we answer point No.1 in affirmative and proceed to pass the following Order.<br /> <br /> ORDER<br /> Complaint is allowed as under:<br /> <br /> 1. The Opposite Party is directed to allot a site measuring 30ft. x 40ft. to the Complainant within a period of 6(six) months from the date of receipt of this Order and put them in actual possession of the same by executing necessary documents.<br /> <br /> 2. The Complainant is entitled to recover the cost of Rs.1,000/-, in case, the Opposite Party complies with the above mentioned order.<br /> <br /> 3. If the Opposite Party fails to comply with the order in para no.1 & 2 mentioned above, the Complainant is entitled to recover an amount of Rs.45,000/- and damages of Rs.2 lakhs from the Opposite Party apart from cost of Rs.5,000/-.<br /> <br /> 4. If the Opposite Party fails to pay such amount on the above mentioned stipulated date, it shall carry future interest at the rate of 9% p.a. from such stipulated date, till the date of payment, on the entire amount of Rs.2,45,000/-.<br /> <br /> 5. The Complainant shall hold such property, or the decretal amount for and on behalf of all legal heirs of Late S.N.Nagamangalaiah.<br /> <br /> 6. Give a copy of this Order to Complainant and send a copy of this Order to Opposite Party under R.P.A.D.<br />