A.V. Venkatakrishna Sastry
...........Appellant(s)
Vs.

The Secretary, Vyalikaval House Building co-op Society Ltd.,
...........Respondent(s) A.V. Venkatakrishna Sastry S/o. Late Avadhanam Venkata Sastry R/at No. 87, 4th Main, 1st Block BSL III Stage, BSK III Phase Bangalore 560 085 Complainant

V/S

The Secretary Vyalikaval House Building Co-operative Society Ltd. No. 62, 7th Main, Between 8th & 9th Cross, Next to Mathew Jupiter Nursing Home, Malleswaram Bangalore 560 003 Opposite Party

ORDER By the President Sri. S.S. Nagarale


This is a complaint filed under section 12 of the Consumer Protection Act. The facts of the case are that opposite party is a house building co-operative society. Complainant is member of society having account No. 8333 Role No. M 83 paid Rs. 39,000/- to the opposite party for purchase of site. Opposite party informed vide letter dated 19.07.2000 stating that Supreme Court had struck down acquisition proceedings. Therefore, society has to refund the amount to the members. The opposite party society had given 5 cheques to the complainant and requested the complainant not to present the cheques till they hear from the society. Complainant has given particulars of cheques and amount in the complaint. Complainant approached the society several times and requested for payment. Complainant is a senior citizen retired from service. He was made to suffer irreparable loss and hardship. Opposite party failed in fulfilling its promises and obligations and thereby committed deficiency in service. Complainant got issued legal notice to opposite party and demanded to refund the deposits. Inspite of notice opposite party has not paid the amount. Hence, the complaint.


2. Notice was issued to opposite party through registered post. Representative of opposite party was present and admitted almost all the facts of the case. The representative of the opposite party society never disputed the facts stated by the complainant.

3. The matter was heard. Perused the documents.


4. The opposite party society had written letter requesting the complainant not to present the cheques till the complainant hear from the society and opposite party submitted that when the society receives the amount from the Government they will inform the complainant and requested the complainant to kindly co-operate. The complainant has produced cheques issued by the opposite party society and copy of legal notice. Payment of Rs. 39,000/- is admitted like-wise the opposite party had issued 5 cheques to the complainant towards refund. But, unfortunately the cheques amount has not been realized by the complainant, since the opposite party requested the complainant not to present the cheques for encashment since there was no sufficient fund in the society account. Therefore, it is a clear case of deficiency on the part of opposite party. The complainant is a senior citizen. He has invested money with the opposite party society for the purpose of site but the opposite party society neither allotted the site nor refunded amount as committed and promised. Therefore, the complainant is forced to file complaint before this forum. Complaint is liable to be allowed. The opposite party shall be directed to refund Rs. 39,000/- with interest from the year 2000 the date of issuance of cheques by the opposite party society. The opposite party society is bound to pay interest since it has utilized the amount of the complainant. In the result I proceed to pass the following:

ORDER

5. The Complaint is allowed. The opposite party society is directed to pay Rs. 39,000/- with 15% interest p.a. on the said amount from the year 2000 (Date of issuance of cheques) till payment / realization within 30 days from the date of this order.