Date of Filing:16.11.2007<br /> Date of Order: 21.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF MAY 2008<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 /> <br /> <br /> <br /> <br /> COMPLAINT NO: 2277 OF 2007 <br /> <br /> B.V. Sampathkumar,<br /> S/o B.S. Venkatesh Pandith,<br /> Lohadrava Pharmacy,<br /> R/at No. 432, OTC Road,<br /> Cottonpeth,<br /> Bangalore-560 053. Complainant<br /> <br /> V/S<br /> Vishwabharathi House Building<br /> Co-operative Society Ltd.,<br /> No.35, Ratnavilas Road,<br /> Basavanagudi, Bangalore-560 004,<br /> Rep. by its Chief Executive Officer. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986.<br /> The facts of the case are that, the complainant was the member of the opposite party society. Complainant was allotted the site bearing No.996 measuring 40’ X 60’ in IV phase in the Vishwabharathi Housing Complex Layout, Girinagar, Bangalore. Complainant has paid Rs.19,000/- towards site value. Even though the complainant had paid the entire amount and he is the senior most member of the opposite party society, but the opposite party society failed to allot the site and register the site in favour of the complainant. Legal notice was issued on 9/7/2007. The president of the society as per letter dated 1/8/2007 sent reply asking the complainant to take back the amount. The opposite party has failed to allot and register the site and hence there is deficiency of service. Therefore, the complainant has sought that opposite party be directed to register the site and to pay compensation of Rs.5,00,000/- for mental agony. <br /> 2. Notice was issued to opposite party. Opposite party filed defence version admitting that the complainant enrolled as member of opposite party society. Due to litigation between landlords and B.D.A opposite party society could not form the layout and distribute the sites to the members. It is submitted that in similar case the Hon’ble High Court of Karnataka has rendered decision as follows:-<br /> “If the sites are available in the same layout sites can be allotted, if the sites are not available in the same layout sites can be allotted in other layouts if formed or otherwise the amount deposited may be refunded to the member”.<br /> The opposite party society has submitted a cross cheque dated 26/3/2008 for Rs.16, 170/- requesting that same may be handed over to the complainant. <br /> 3. Affidavit evidence of both the parties filed. Arguments are heard.<br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency in service on the <br /> part of opposite party? <br /> 2. Whether the opposite party can be ordered to allot the site in favour of the complainant?<br /> <br /> REASONS<br /> 5. Almost all the facts are admitted. There is absolutely no dispute between the parties. It is an admitted case that the complainant is the member of opposite party society. It is also an admitted case of the parties that the complainant was allotted site No.996 measuring 40’ X 60’. The value of the site tentatively fixed was at Rs.45 per square yard. As per the letter of the opposite party society dated 11/4/1981 it has been stated that the complainant was allotted site No.996. The complainant has also produced copy of legal notice served on the opposite party. In response to the legal notice, opposite party society through its president B. Krishnabhat replied stating that the complainant should go over to the office of the society and submits application for refund with Xerox copies of the receipts. It is the case of the opposite party society that in the civil matters the Hon’ble High Court of Karnataka has directed the opposite party society to allot the sites if available in the same layout or sites can be allotted in other layouts if formed by the society or the amount deposited may be refunded to the members. So, in view of the decision of Hon’ble High Court of Karnataka same order or direction may be issued in this case also. The opposite party society should be directed to allot and register the site in favour of the complainant if sites are formed in IV phase, Vishwabharathi Housing Complex Layout, Girinagar, Bangalore or in any other layouts formed by the opposite party society. If these two things are not possible then the opposite party society shall be directed to refund Rs. 16,170/- the amount paid by the complainant with interest on that amount from the date of last payment and opposite party society shall also be directed to pay compensation on account of escalation of price of sites. It is common knowledge that site value in and around Bangalore have reached sky high and it is very difficult rather impossible for a common man to get sites at a reasonable price. Since the complainant in this case is a senior member and he had deposited the amount right from 1981 to 1998. Therefore, he shall be suitably compensated for not getting the site from the society. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party society is directed to allot site of 40’ X 60’ dimension to the complainant if the layout is formed in IV phase, Vishwabharathi Housing Complex Layout, Girinagar, Bangalore or the opposite party society shall allot site and register the sale deed in favour of the complainant in any other layout formed by the opposite party society within 9 months from the date of this order. In case of not forming layout for legal hurdles and the society is not in a position to legally allot the site to the complainant, in that event the opposite party society is directed to refund Rs.16,170/- with interest at 10% p.a from the date of loat payment i.e., on 9/9/1988 till realization. The opposite party society is also directed to pay a sum of Rs.50,000/- as compensation to the complainant apart from the refund and interest as ordered above. The complainant is also entitled to Rs.2,000/- towards costs of the present proceedings from the opposite party. <br /> <br /> 7. The copy of this Order as per the statutory requirements be forwarded to the parties free of charge.<br /> <br /> 8. Pronounced in the Open Forum on this 21ST DAY OF MAY 2008.<br /> Order accordingly <br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER <br /> <br /> <br />