Bharathiya Karmik Kshemabhyuday Prathishtan (R)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.845, 10th Main, New Kantharaj Urs Road, G.C.S.T. Layout, Kuvempunagar, Mysore - 570 009
consumer case(CC) No. CC/09/18
Sri. K.C. Suresh
M/s Bharathiya Karmik Kshemabhyuday Prathishtan (R)
1. Smt.Y.V.Uma Shenoi
2. Sri D.Krishnappa
Complainant K.C.Suresh, S/o Late Chidambara Iyer, R/at No.596/A, 17th Main, 10th Cross, Padmanabhanagar, Bangalore-70. (By Sri.M.Sudhakar, Advocate)
Opposite Party Secretary, M/s Bharathiya Karmik Kshemabhyuday Prathishtan (R) (BKKP), Next to the office of Sub-Registrar, Mysore North, B.B.Garden, Agrahara, Mysore-04. Nature of complaint : Deficiency in service Date of filing of complaint : 16.01.2009 Date of appearance of O.P. : - Date of order : 05.03.2009 Duration of Proceeding : -
1. The grievance of the complainant against the opposite party in brief is, that he is a member of the opposite party Prathistan which is a Housing Co-operative Society carrying on the activities of allotting sites to its members. That he applied for allotment of a site measuring 60’ x 40’ and in all paid Rs.87,100/- against the sital value of Rs.80,000/- fixed. The opposite party has executed allotment letter dated 28.01.1997, a power of attorney on 18.01.1997 and agreement of sale on the same day. But, thereafter failed to make a final allotment and execute title deed despite issue of legal notice dated 09.05.2008, and 11.11.2008 and thereby has prayed for a direction to the opposite party to refund is money with interest at 18% p.a. and other legal expenditure.
2. The opposite party has been duly served with the notice of this complaint. Then, an advocate with initials as GVR undertook to file power for the opposite party, but thereafter has failed to file power and to defend the complaint, as such taking that the opposite party is not interest in defending the complaint, posted the complaint for affidavit evidence of the complainant. On the complainant filing affidavit evidence and on hearing the counsel for the complainant and on perusal of records the complaint is taken up for orders.
3. The complainant in support of his claim that he is a member of the opposite party Housing Co-operative Society paid a sum of Rs.87,100/- towards the cost of the site as against fixed price of Rs.80,000/- has produced receipts and also copy of the temporary allotment letter allotting a site in his favour measuring 40’ x 60’ propose to be formed at Keragalli, Jayapura Hobali, Mysore Taluk. The complainant has also produced a power of attorney executed by the then President of the opposite party society in connection with grant of a site and also an agreement agreeing to transfer title to site No.1 as detailed therein. The complainant has also produced a copy of the legal notice got issued to the opposite party and a copy of the letter of the opposite party dated 18.10.2006. In this letter, the opposite party without disputing the claim of the complainant and the amount he has paid has contended that the complainant will be allotted a site measuring 30’ x 40’ informing the complainant to pay balance amount of Rs.1,84,000/- and to bear the registration cost.
4. On perusal of the grievance of the complainant, his affidavit evidence, documents he has produced and letter of the opposite party, it is clear that the opposite party after receipt of Rs.87,100/- towards cost of the site and despite issuing a provisional allotment letter and executed a power of attorney with an agreement of sale has failed to perform part of his duty by making a final allotment and transferring title to that site in favour of the complainant. The materials placed before us further prove that the opposite party despite the admitted fact that he has neither allotted a site nor refunded the money paid by the complainant has exhibited silence either in making final allotment or in refunding the money paid, which in our view is nothing short of deficiency in the service of the opposite party.
5. The complainant has asked for refund of his money with interest. As already stated by us above, the complainant has established payment of money by him and the failure of opposite party in allotting a site. The complainant has chosen to get back his money with interest, which shall have to be acceded. Under these circumstances, we find no reasons or grounds to dis-believe the grievance of the complainant. As such the complainant will be entitled for refund of his money with interest.
6. It is undisputed that the complainant commencing from 07.01.1997 till 07.11.2001 has in all paid a sum of Rs.87,100/-, out of this money and also the money paid by the other members, the opposite party found to had acquired agricultural lands and even got those lands converted into non-agricultural purpose on 19.06.1998. Therefore, if the opposite party had allotted a site in favour of the complainant, it would have fetched the complainant a considerable benefit by way of raising the cost of the site, but that has not happened. Therefore, the opposite party who had retained the money of the complainant used for purchase of lands is now fetching them huge profits by way of escalation in the cost of the land. Therefore, under these circumstances, complainant would be entitled for interest considerably at a higher rate. With this, we pass the following order:-
1. The Complaint is allowed.
2. The opposite party is directed to refund Rs.87,100/- to the complainant within 60 days from the date of this order with interest at 18% p.a. from the date of respective deposits till the date of payment.
3. The opposite party is also directed to pay cost of Rs.2,000/- to the complainant.
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