BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

14^th DAY OF MAY 2015

             PRESENT:- SRI. J.N.HAVANUR              PRESIDENT

                              SMT. M. YASHODHAMMA    MEMBER    

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, seeking direction against Opposite party to pay Rs.1,08,360/- along with interest at the rate of 24% p.a and cost on the allegations of deficiency in service.

2.      The brief averments made in the complaint are as follows:

The complainant is a member of OP House Building Co-operative Society.  OP has formed the sites and distributed to its members.  Complainant being a member of OP opened the account bearing No.18468 with OP and applied for allotment of site.  OP has assured to allot a site and also issued a provisional letter of allotment of site dated 17.02.1992 allotting a site measuring 1200 square feet situated at Visweswarayanagar II Stage Layout (Bilekahalli and Kodichikkanahalli of Bannerghatta Road) Bangalore.  On 17.02.1992 complainant paid Rs.13,000/- and on 11.11.1993 Rs.5,000/- totally Rs.18,000/- to OP towards the cost of the site with a fond hope to secure a site out of her own savings.  The OP has also acknowledged the said amount and instructed the complainant to make arrangement to pay the balance amount for allotment of site and OP would register the site at the earliest.  Later on OP kept on dodging the matter on one or the other pretext.  Complainant made several requests, demands and reminders to OP to receive the balance amount and to register the property in favour of the complainant.  But all requests of the complainant have fallen deaf ears of OP.  On 14.11.2002 and 21.11.2002 complainant wrote letters calling upon OP to refund the amount paid.  Again on 20.04.2006 complainant wrote another letter to OP seeking refund of the amount paid.  OP vide its reply dated 27.04.2006 requested for some more time to refund the amount.  On 03.06.2014 complainant personally approached OP seeking for refund but OP refused to make the payment on the ground that OP does not have funds.  Having acknowledged a sum of Rs.18,000/- OP failed to receive the balance amount and to register the property in favour of the complainant.  OP went on dodging the matter seeking time every now and then on the ground that they would refund the amount once they mobilize the funds.  Left with no alternative complainant got issued legal notice dated 01.09.2014 calling upon to OP to refund Rs.18,000/- along with interest at 24% p.a within 15 days failing which complainant will be constrained to approach appropriate court of law.  In spite of service of legal notice, OP has neither registered the property nor refunded the amount to the complainant.  Hence, complainant felt deficiency in service against OP.  Under the circumstances, she is advised to file this complaint against OP.  

3.  After registration of complaint, notice is sent to Opposite Party by RPAD.  In spite of service of notice, OP remained absent and failed to represent the case.  Hence, OP is placed ex-parte and posted the case for filing affidavit of complainant.

4.  So as to prove the case, the complainant has filed her affidavit evidence in support of complaint averments stating that OP being a House Building Co-operative Society has formed sites to its members.  She being a member of OP society opened the account bearing No.18468 and OP has issued the original pass book.  OP had informed the complainant that it has formed a layout hence complainant applied for allotment of site.  OP requested to pay amount and assured to allot a site.  OP has issued a provisional allotment letter dated 17.02.1992 allotting a site measuring 1200 square feet situated at Visweswarayanagar II Stage Layout (Bilekahalli and Kodichikkanahalli of Bannerghatta Road).  As per the instructions of OP, complainant paid Rs.13,000/- on 17.02.1992 and Rs.5,000/- on 11.11.1993, totally Rs.18,000/- to OP towards the cost of the site.  OP has acknowledged the said amount and instructed her to make arrangements to pay the balance amount and assured to allot a site at the earliest.  Later on OP went on dodging the matter on one or the other pretext.  Complainant made several requests, demands and reminders to OP to receive the balance amount and to register the property in her favour.  But all requests of the complainant have fallen deaf ears of OP.  Hence on 14.11.2002 complainant wrote a letter requesting OP to refund the amount deposited by her.  OP vide its reply dated 21.11.2002 requested further time to refund the amount.  On 20.04.2006 complainant wrote another letter to OP seeking refund of the amount.  OP vide its reply dated 27.04.2006 sought for extension of time to make payment.  On 03.06.2014 complainant personally approached OP requesting to refund the amount paid but OP refused to make the payment on the ground that OP does not have funds.  Having acknowledged a sum of Rs.18,000/- OP failed to receive the balance amount and to register the property in her favour.  Hence complainant got issued legal notice dated 01.09.2014 demanding OP to refund the amount along with interest and costs.  In spite of service of said notice, OP has neither registered the property nor refunded the amount of Rs.18,000/- to the complainant.  Under the circumstances, complainant was put to great hardship and mental agony.  Hence she prayed to allow the complaint against OP and grant the reliefs as prayed in the complaint.

5. The above said assertions of the complainant have remained unchallenged.  OP has neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the original pass book issued by OP in the name of the complainant bearing account No.18468.  Wherein there is an entry dated 17.02.1992 stating complainant has paid Rs.13,000/- and on 11.11.1993 Rs.5,000/- totally a sum of Rs.18,000/- to OP towards cost of the site.  Document No.2 is the original provisional letter of allotment dated 17.02.1992 issued by OP in the name of the complainant allotting a site measuring 1200 square feet at Visweswarayanagar II Stage layout (Bilekahalli and Kodichikkanahalli of Bannerghatta Road.)  Document No.3 is correspondence made by complainant to OP dated 14.11.2002.  Document No.4 is reply of OP dated 21.11.2002 stating the Government has assured to give 150 acres of land through BDA & same is not yet given.  OP has already issued legal notice to the Government seeking refund of the amount paid to the land owners.  After receiving the amount from the Land Acquisition Officer OP will be able to refund the sital advance to the complainant.  Document No.5 is letter of complainant addressed to OP seeking refund of the amount.  Document No.6 is reply of OP dated 27.04.2006 stating the Land Acquisition Officer has not yet refunded the compensation amount and OP management is trying to mobilize the funds and after receiving the sufficient funds amount will be refunded.  Document No.7 is legal notice dated 01.09.2014 issued on behalf of complainant to OP calling upon OP to refund the amount of Rs.18,000/- along with interest at the rate of 24% p.a within 15 days.  Document No.8 is postal acknowledgement card and receipt.

    7. On perusal of oral and documentary evidence of the complainant, it is made crystal clear that complainant became the member of OP society with an intention to have a site of her own.  As per document No.1 OP has issued pass book to the complainant vide account No.18468.  As per document No.2 OP has issued the provisional allotment letter dated 17.02.1992 to the complainant allotting a site measuring 1200 square feet at Visweswarayanagar II Stage Layout (Bilekahalli and Kodichikkanahalli of Bannerghatta Road).  OP has acknowledged the receipt of sum of Rs.18,000/- from the complainant as per document No.1 the pass book issued by OP.  In spite of repeated correspondences as per document No.3 to 6 OP has neither received the balance amount and registered the site nor refunded the advance amount received from the complainant.  As per document No.7 & 8 in spite of service of legal notice dated 01.09.2014, OP has failed to respond to the complainant.  The act of OP in neither registering the site after receiving the balance amount nor refunding amount of Rs.18,000/- to the complainant even after lapse of 22 years amounts to deficiency in service on the part of OP.  We are satisfied from the material evidence of complainant that the complainant has proved the deficiency in service against OP.  Under the circumstances, we are of the considered view that OP is liable to refund Rs.18,000/- to the complainant along with interest at the rate of 18% p.a from 11.11.1993 to till the date of realization along with litigation cost of Rs.5,000/- to the complainant.  Accordingly the complaint of complainant is partly sustainable.  In the result for the foregoing reasons we proceed to pass the following:

                                         O R D E R

The complaint of the complainant is allowed in part.  OP is directed to refund Rs.18,000/- to the complainant along with interest @ 18% p.a from 11.11.1993 to till the date of realization within 30 days from the date of receipt of this order.  Further OP is directed to pay litigation cost of Rs.5,000/- to the complainant.

          Send the copy of the order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 14^th day of May 2015)

MEMBER                                                                  PRESIDENT

Vln* 

COMPLAINT NO.1822/2014

Complainant                 -        Smt.Padmavathamma.
                                          -vs-

Opposite Party              _        The Vyalikaval House Building

Co-operative Society Limited.,

Represented by its   
         President/Secretary,

Bangalore-560 003.

Witnesses examined on behalf of the complainant dated 16.01.2015

1. Smt.Padmavathamma

          OP  -       Nil

MEMBER                                                                 PRESIDENT

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