Date of Filing:13.09.2007<br /> Date of Order: 22.01.2007<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 22ND DAY OF JANUARY 2007<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 /> COMPLAINT NO: 1922 OF 2007 <br /> <br /> Eshwara Rao Sindhya,<br /> S/o Late Narayanarao Sindhya,<br /> R/at No.110, II Cross,<br /> Telecom Layout, Jakkur Post,<br /> Bangalore-560 064. Complainant<br /> <br /> V/S<br /> The Vyalikaval House Building <br /> Co-operative Society Ltd.,<br /> No.100, 11th Cross, 6th Main,<br /> Malleswaram, Bangalore-560003,<br /> Represented by its Secretary,<br /> Srinivasan. Opposite Party<br /> <br /> ORDER<br /> <br /> This complaint is filed U/Sec.12 of the Consumer Protection Act, 1986 for allotment of site, alternatively for refund of the deposited amount of Rs.70,498/- with damages and compensation. <br /> The complainant was member of opposite party society. As per the allegations made by the complainant the opposite party is a registered House Building Co-operative Society, is engaged in the formation of layout of residential sites for the purpose of allotment to members. The complainant has been admitted as members to the society. The complainant has paid required membership fee to the society. As per the rules and bylaw of society the complainant has opened an account with the opposite party-society and pass book was issued to the complainant. He had applied for site at Ngawara village in Sy.No.24/5 to 88/5, and deposited an amount of Rs.43,750/-. In this connection the complainant also made a correspondence and requesting them for allotment of site as promised. But the opposite party has not complied the request of the complainant. The amount of Rs.43,750/- which has been paid by the complainant to the society could have earned heavy amount of interest. Therefore, the complainant has asked directions to the society to allot the site or to refund the amount and compensation. <br /> 2. Notice was served to opposite party. The society appeared through counsel and filed version stating that, the complainant has unnecessarily sought to make allegation against the opposite party society without understanding the true facts. The society has done its best and diligently prosecuted all legal avenues available for the purpose of acquiring the lands for formation of layout totally measuring 249-Acres 32-Guntas for distribution among its members. The society has issued an endorsement bearing No.LAQ.SR.319/83-84, dated 16.7.1988, issued by the Special Land Acquisition Officer. It may be seen from the said endorsement that an extent of 249-Acres 32-Guntas of land in Bilekahalli and Kodichikkanahalli villages comprising of various survey numbers have been acquired by the Government as per the Notification No.RD/232/AQB.84 dated 21/02/1986 . It is clear that the society has sought to confer valid and legal title in respect of the said lands as required under the Land Acquisition Act. The society has taken steps in approaching the Government with various representations to have the same lands acquired again after duly complying with the technical requirements under the Land Acquisition Act. Even otherwise, as stated above the acquisition was struck down by the Hon’ble Supreme Court on account of the non-compliance of certain technical requirements under the Land Acquisition Act by the Government of Karnataka and the society is in no way responsible for such lapse on the part of the Government of Karnataka. There are also instances when the Government of Karnataka suddenly decides that all allotment of sites should be routed only through the BDA as in the recent times and ordinance came to be issued by the Government of Karnataka and it was fortunately stayed in the Hon’ble High Court of Karnataka. The opposite party further submits that, the question of paying interest does not arise, as the society is not making any profit from the deposits of the members. On the contrary, the amounts have been duly deposited and spent by the society for the purpose of acquiring lands and allotting sites to its members. The complainant has filed the above complaint after more than two years. As per sec.24A of the C.P Act the complaint has to be filed within a period of 2 years. The above complaint is barred by law or limitation and it is liable to be dismissed. <br /> 3. Affidavit evidence of opposite party filed. Arguments are heard. <br /> 4. The points for consideration are:-<br /> 1. Whether there was deficiency in service on the<br /> part of the opposite party?<br /> 2. Whether the complainant is entitled for refund of the amount with interest? <br /> <br /> REASONS<br /> 5. It is an admitted case that, complainant was member of the opposite party society and he had deposited Rs.14,000/- on 07/03/1988, Rs.5,000/- on 01/06/21988, Rs.4,750/- on 15/12/1988, Rs.2,100 on 8/3/1989, Rs. 5,000/- on 6/11/1993, Rs. 5,000/- on 17/2/1994 and Rs.15,000/- on 13/01/2003 and other charges in all total sum of Rs. 43,750/- for getting site from the opposite party. But unfortunately, the complainant could not get the site. In connected cases against the Vyalikaval House Building Society Limited, the District Forum and also the Hon’ble State Commission have been ordering the society to refund the amount with interest and compensation. The society was not able to form the layout and allot the sites to the respective members for so many reasons. Therefore, the only option now available to the members is to get back their amount with interest. Since the amount was held-up and the society enjoyed the money paid by the complainant, it is bound to refund the amount with interest. Since the society failed to allot the sites as assured to the members, there is definitely a deficiency in service. In the result, we proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to pay Rs.43,750/- to the complainant. The complainant is entitled to interest at 18% p.a from the date of respective deposits made by the complainant till the realization of the amount from the opposite party. The complainant is entitled for costs of litigation of Rs.2,000/- from the opposite party. <br /> <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 22ND DAY OF DECEMBER 2007.<br /> Order accordingly,<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />