Date of Filing:31.03.2009<br /> Date of Order:10.06.2009<br /> <br /> <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> Dated: 10TH DAY OF JUNE 2009<br /> PRESENT<br /> <br /> <br /> <br /> SRI. S.S. NAGARALE, PRESIDENT<br /> SMT. M. YASHODHAMMA, MEMBER <br /> SRI.A.MUNIYAPPA, MEMBER<br /> <br /> <br /> COMPLAINT NO: 743 OF 2009<br /> <br /> B.A. Sathyabhama<br /> W/o. B.K. Anjaneya Murthy<br /> R/at No. 955, 3rd Block, 12th Main<br /> 41st Cross, Rajajinagara<br /> Bangalore 560 010 Complainant<br /> <br /> V/S<br /> The Vyalikaval House Building<br /> Co-operative Society Ltd.<br /> Office No. 62, Between 8th & 9th Cross<br /> 7th Main Road, Malleshwaram<br /> Bangalore 560 003<br /> Represented by the Secretary Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that complainant is member of opposite party society with Roll No. 1490. The opposite party allotted site No. B-639. Opposite party had issued provisional letter of allotment after receiving Rs. 85,000/- from the complainant. Complainant approached the opposite party for execution of final conveyance deed. Opposite party kept on giving vague answers. The complainant prayed that opposite party be directed to execute the sale deed or alternatively opposite party may be directed to pay Rs. 3,21,800/-.<br /> 2. Notice issued to opposite party. Opposite party put in appearance through advocate and defence version filed admitting that complainant has paid Rs. 85,000/- to the society by way of installment. Opposite party submitted that some litigation are pending and statusquo orders have been passed by civil court and in some cases injunction orders also passed. Therefore, the whole process of forming layout has been seized by the civil court. Therefore, the opposite party is not in a position to register and execute sale deed. It is submitted by the opposite party that complainant will be at liberty to take refund of the money.<br /> 3. Arguments are heard.<br /> 4. I have perused the documents and affidavit evidence.<br /> 5. The point for consideration is:<br /> “Whether the opposite party can be directed to refund the amount with interest?”<br /> <br /> REASONS<br /> <br /> 6. The fact that complainant is member of opposite party society and she has paid Rs. 85,000/- for the site on various dates is not disputed. The opposite party has fairly submitted that it is ready to refund the amount since various litigations are pending it is not possible to allot the site. Therefore, there is no dispute what so ever in respect of payment made by the complainant. The only point for consideration would be payment of interest. Admittedly, the amount had been utilised by the opposite party society and opposite party society has come forward to refund the amount. The opposite party is bound to pay the interest on the refund amount, even though there is no contract to pay interest between the parties. The Hon’ble National Commission and State Commission are awarding interest in the similar nature of cases. The complainant has paid amount right from 1981 and the last and big payment made by the complainant is Rs. 47,000/- which was paid on 05.01.2000. In view of the admitted facts of the case the opposite party society could be directed to refund the amount with interest. In the result I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is allowed. The opposite party society is directed to refund Rs. 85,000/- to the complainant with 12% interest p.a. from the date of respective payments till payment / realisation within 4 weeks from the date of this order. <br /> 8. The complainant is entitled for Rs. 2,000/- as costs of the present proceedings from the opposite party.<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 10TH DAY OF JUNE 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT I/c.<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> <br />