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

DATED 25^TH DAY OF OCTOBER 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. To allot and register the site in favour of the complainant or pay the present market value of the site.
2. Direct the OP to pay Rs.5,00,000/- towards damages and mental agony caused to the complainant.
3. Any other direction or order which this Hon’ble Commission deems fit.

2. The case set up by the complainant in brief is as under:-

It is the case of the complainant that he has become the member of the OP dated 14.03.2005 and on the same day complainant has paid Rs.15,000/- towards first installment and Rs.7,68,000/- in nine installments for allotment of site measuring 30X40 feet.  Same has been mentioned in Site deposit book.  Even though the complainant has paid the entire sale consideration, eligible for allotment of site, he was denied allotment without any valid reasons. Then complainant met with the OP office so many times and requested to allot the site and register in his favour, but OP have not allotted till date.

3. The complainant further submits that he approached the OP office frequently and requested to allot the site from past 15 years, but OP had ignored. OPs are not responding properly regarding allotment of site in favour of the complainant. When the OP have not allotted the site finally he got issued legal notice on 21.03.2024 to the OP for allotment of site and for registration of the same or otherwise to refund the amount with interest.  The same was served but the OPs have not issued any reply.

4. The complainant has waited for 20 years looking forward to the allotment of the site by the OP. Hence he has filed this complaint.

5. In response to the notice, OPs have not appeared before this Commission.  Hence OPs placed exparte.

6. The complainant has filed his affidavit evidence and relies on 12 documents. 

7. Heard the arguments of advocate for the complainant and perused the written arguments filed by the complainant.

8. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OPs?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

9. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

10. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, affidavit evidence and written arguments of the complainant and citations. Inspite of issue of notice OPs remained absent. Hence OPs neither challenged the allegations made in the complaint and also documents and they remained unchallenged.

11. The complainant has produced the copy of the site deposit book marked as Ex.P1, Copies of receipts marked as P2 to P 8, copy of legal notice as Ex.P9, postal receipts and acknowledgements marked as Ex.P10 to P12.

12. The complainant has appeared and led evidence. Even though the OP have received the total amount of Rs.7,68,000/- from the complainant for allotment of site measuring 30X40 feet, they have miserably failed to publish the seniority list and allot the sites ignoring the seniority of the members.  The OP have made the complainant to believe that at one or the other time they will allot their site. Complainant has waited for 20 years by paying the sale consideration amount.

13. On the other hand the documents produced by the complainant clearly discloses that he has become the member of the OP society by paying the sale consideration amount for the residential site. Inspite of that the OP failed to allot the site to the complainant. They have neither refunded the amount nor allotted the site and they are just keeping the amount of the complainant.

14. The complainant has sought for direction to the OP to allot the site in the Nagarur layout or in the alternative refund the present market value of the site and also compensation of Rs.5,00,000/-.

15. If the sites are available the OP may be directed to allot the site measuring 30X40 feet at Nagarur village, or alternatively if the sites are not available it would be just and proper to direct the OP to return the amount of Rs.7,68,000/- deposited by the complainant.  There is nothing on record to show that the OPs have formed the layout after received the entire consideration from the complainant and they are about to allot the sites.  Under these circumstances, we feel it is necessary to order for refund of the amount deposited by the complainant.   The complainant has deposited the amount as per the demand made by the OP society. If such amount is deposited by the complainant in similar such projects could have earned more and got a site or flat of his dream in and around Bangalore city.

16. In order to compensate the complainant has sought for award present market value of the site. The complainant has not produced any document to show the present market value of the site. Hence this commission is of the view that awarding of interest 9% p.a., from the date of receipt of each payment by the OP society would meet the ends of justice.  The OP have received the hard earned money from the member/complainant during 2004 to 2021.  Hence the complainant is entitled for 9% interest.  The complainant is also entitled for compensation of Rs.2,00,000/- and litigation cost of Rs.20,000/-.  Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

17. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to refund Rs.7,68,000/- with interest @ 9% p.a., from the date of receipt of each payment till realization.
3. OP is further directed to pay Rs.2,00,000/- as compensation with litigation expenses of Rs.20,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.7,68,000/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 25^TH day of OCTOBER, 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party;

NIL