Date of Filing:16.03.2009<br /> Date of Order:14.05.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 14TH DAY OF MAY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 600 OF 2009<br /> <br /> G.V. Jagadish,<br /> S/o Late Mr. G.N.Venkataraman,<br /> R/at No.1407, “Shreyash”,<br /> 40th Main, J.P. Nagar I Phase,<br /> Bangalore-78. Complainant<br /> <br /> V/S<br /> Vishwa Bharathi House Building <br /> Co-operative Society Ltd.,<br /> No. 35, Rathnavilasa Road,<br /> Basavanagudi, <br /> Bangalore-04.<br /> Represented by its Secretary. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986. <br /> It is the case of the complainant that, he has paid in all Rs.4,20,000/- to the opposite party on various dates right from 1979 to 2008 under receipts issued by the opposite party. The amount has been paid for allotment of the site in Girinagar, 4th Phase. The opposite party had issued public notice on 17/06/2008 in “Times of India” daily news paper informing the members to take back the amount. The complainant wrote several letters for refund of the amount. Complainant is not ready to opt for allotment of the site from the society. Therefore, the complainant prayed that opposite party be directed to pay Rs.4,20,000/- with interest at 18% p.a from the respective date of deposits. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate and defence version filed. The opposite party in all its fairness has clearly admitted that the complainant has paid Rs.4,20,000/-. The opposite party also admitted issue of public notice in “Times of India” daily news paper informing the members to take back the amount. Society is ready and willing to refund the deposit amount to the complainant. The society is not in a position to allot the site since the sites are not available and more over number of litigations and legal proceedings are going on in various Courts. Under the circumstances the society is left with no alternative than to refund the amount. <br /> <br /> 3. Arguments are heard. The only point for consideration is grant of interest on Rs.4,20,000/-. Since almost all the facts are admitted. <br /> 4. The point for consideration is:-<br /> <br /> Whether the complainant is entitled for interest? If so at what rate on the amount?<br /> <br /> REASONS<br /> <br /> 5. It is an admitted case of the parties that the complainant became member of the opposite party society with a fond hope of getting the site in the layout formed by the society. The complainant remitted amount from 1979 till 2008. The total amount paid by the complainant is Rs.4,20,000/-. The society has fairly come forward to refund the amount. The society expressed its inability to allot the site on the ground that various litigations are pending. The complainant has also submitted that he is not willing to opt for allotment of site and demanding refund of the amount with interest at 18% p.a. Since the complainant has deposited the amount and the society had utilised the amount, the complainant had deprived of the interest on the said amount, it would be just, fair and reasonable to grant interest on the amount. Hon’ble State Commission and National Commission are awarding interest on the refund amount in similar nature of cases. Therefore, in this case, I feel the grant of interest at 15% p.a on the refund amount is quite just, fair and reasonable. In the result, I proceed to pass the following:-<br /> ORDER<br /> 6. The complaint is allowed. The opposite party society is directed to refund Rs.4,20,000/- along with interest at 15% p.a on the refund amount from the date of respective deposits made by the complainant as shown in para-3 of the complaint. <br /> 7. The complainant is also entitled for Rs.2,000/- towards costs of the present proceedings from the opposite party. <br /> 8. The opposite party is directed to comply the order within 30 days from the date of this order. <br /> 9. Send the copy of this Order to both the parties free of costs immediately as per statutory requirement. <br /> 10. Pronounced in the Open Forum on this 14TH DAY OF MAY-2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr., <br />