BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

 04^TH DAY OF MARCH 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant under Section 12 of Consumer Protection Act, 1986 seeking direction against OP to refund Rs.53,462/- along with interest at 24% p.a., and compensation and cost on the allegations of deficiency of service. 

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

Complainant became the member of OP house building         co-operative society vide Membership Roll No.1607.  Upon his admission OP issued a passbook in favour of the complainant.  OP society has acquired various extents of lands for the formation residential sites of various dimension and allot the same to its members.  Complainant being a member applied for allotment on one such site formed by OP society measuring 40 x 60 feet in the layout called Channakiyapuri, Nagavara Village, Bangalore.  Complainant paid a sum of Rs.10,000/- on 29.10.1981, Rs.15,000/- on 30.05.1982, Rs.27,000/- on 02.12.1982, Rs.15,000/- on 29.12.1993 total a sum of Rs.53,000/- to OP which includes sital cost and development charges.  OP has issued the passbook bearing A/c No.11741 and Roll No.1607 to the complainant.  Complainant also paid Rs.112/- on 21.12.1993 and Rs.350/- on 28.12.1993 in all total payment of Rs.53,462/- to OP society.  OP has duly acknowledged the receipt of the amount in the passbook issued by OP.  Inspite of making timely payment by the complainant no site was allotted to the complainant even after lapse of 14 years for the one or other reasons.  OP neither allotted the site nor return the amount to the complainant.  Hence, complainant left with no alternative got issued a legal notice dated 03.12.2004 calling upon OP to cancel the provisional allotment of site and to refund the amount paid together with interest at 24% per annum within 15 days failing which he will initiate appropriate legal proceedings for redressal of the amount at the cost of the OP.  OP gave an untenable reply dated 09.12.2004 stating, if complainant does not want the site his amount will be refunded and there is no provision in their by law to pay the interest and same was informed to all the members through their circular during December-1994.  Since OP has failed to allot the site  for so many years, OP is bound to pay interest at 24% per annum to the complainant.  Complainant issued re-joinder notice to OP dated 17.09.2012.  There is no response from OP.  Again complainant approached OP on 17.10.2013.  OP failed to refund the amount either towards the principle or interest.  Hence, complainant felt deficiency in service on the part of the OP. Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OP.  Inspite of service of notice OP remained absent without any sufficient reason or cause.  Hence OP was placed exparte and posted the case for filing affidavit of the complainant.

4. In support of the complaint averments, Sri.K.C.Venugopal, who being the complainant filed his affidavit by way of evidence reiterating the complaint averments.

5. The above said assertions of the complainant have remained unchallenged. OP 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 copy of the passbook issued by OP in the name of the complainant bearing account No.11741 the entries made in the said passbook reveals that the complainant has paid a total sum of Rs.53,000/- on different dates starting from 29.10.1981 to 29.12.1993 to OP towards sital deposit and development charges.  Document No.2 is copy of the circular issued by OP to its members dated 28.12.1994.  Document No.3 is the copy of the letter of OP dated 14.12.1993.  Document No.4 is the copy of the legal notice issued on behalf of the complainant through his counsel dated 03.12.2004 calling upon OP to cancel provisional allotment of site and to refund of the amount with interest at 24% per annum failing which complainant will initiate necessary legal action for recovery of the amount at the cost of OP.  Document No.5 is copy of the legal notice raised by complainant to OP dated 17.09.2012.

7. On perusal of oral and documentary evidence of the complainant, it is made crystal clear that complainant became the member of OP society vide Roll No.1607.  complainant applied for allotment of site and made payment of Rs.10,000/- on 29.10.1981, Rs.5,000/- on 30.05.1982, Rs.12,000/- on 02.12.1982, Rs.11,000/- on 14.03.1985 and Rs.15,000/- on 29.12.1993 totally a sum of Rs.53,000/- to OP towards cost and development charges for a site measuring 40 x 60 feet in the layout proposed to be formed by OP at Chanakyapuri, Nagavara Village, Bangalore.  OP has issued a passbook to the complainant acknowledging receipt of the said amount as per Document No.1.  Inspite of its assurance no site was allotted to the complainant even after lapse of 14 years.  Hence, complainant got issued legal notice dated 03.12.2004 as per Document No.4 calling upon OP to cancel the provisional allotment of site and to refund the amount paid along with interest at 24% per annum within 15 days failing which he will  initiate appropriate legal proceedings for recovery of the money at the cost of OP.  OP sent untenable reply dated 09.12.2004.  The complainant sent a rejoinder notice dated 17.09.2012. There was no response from OP.  Hence, this complaint.

8. From the available materials on record, it is clear that complainant applied for a site measuring 40 x 60 feet and paid Rs.53,000/- towards sital cost to OP as per Document No.1 pass book entries made by OP.  The complainant claims refund of Rs.462/- from OP but has not produced any documents to show that he has paid the said amount to OP.  In the absence of any material evidence, we are unable to consider the claim of the complainant to the extent of Rs.462/-.  Inspite of repeated correspondences and legal notice and rejoinder notice dated 17.09.2012 OP has neither allot and register the site nor refund the amount to the complainant.  This act of OP in retaining the amount for more than 2 decades amounts to deficiency in service on the part of OP.  We are satisfied that complainant proved deficiency in service against OP.  Under the circumstances we are of the considered view that OP is liable to refund Rs.53,000/- to the complainant along with interest at 18% per annum from the date of respective payments till realization together with compensation of Rs.10,000/- towards mental agony and deficiency in service and litigation cost of Rs.3,000/- to the complainant. Accordingly, we proceed to pass the following:

ORDER

1.  The complaint filed by the complainant is allowed in part. 

2.  OP is directed to refund Rs.53,000/- along with interest at the rate of 18% per annum from the date of respective payments till realization.

3.   Further OP is also directed to pay compensation of Rs.10,000/- towards mental agony and deficiency in service together with litigation cost of Rs.3,000/- to the complainant.

4.  This order shall be complied within 3 months from the date of receipt of this order.

5.  Supply free copy of this order to both the parties.

 (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  04^th day of March 2016)

MEMBER                          MEMBER                          PRESIDENT

NRS* 

COMPLAINT NO.807/2014

Witnesses examined on behalf of the OP– Absent

List of documents produced by the OP– Nil

MEMBER                             MEMBER                         PRESIDENT