BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.361/2017

DATED ON THIS THE 14^th September 2018

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.                  

                                                B.E., LLB., PGDCLP   - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite party to allot a site measuring 30 x 40 ft. in Sukhaananda Sagar Nagar layout with compensation, damages and cost of the proceedings.
2.     The brief facts alleged in the complaint are that the opposite party is a registered society with the object of providing housing sites to its members.  The complainant become the member of the opposite party society on 14.08.2006 and applied for site measuring 30 x 40 ft. and deposited initial amount and subsequently paid the instalments also.  Totally the complainant has paid Rs.3,25,200/-, so for the opposite party has not allotted site, it amounts to deficiency of service and thereby, legal notice was caused, the same was not replied.  Hence, this complaint is filed.
3.     The opposite party appeared and submitted its version to the following effect:- It is admitted that the complainant is a member of opposite party society and applied for site measuring 30 x 40 ft., the opposite party has acquired 160 acres in and around Huilal Village, 340 sites are already allotted to the members on seniority basis.  The complainant’s seniority number is 559, within a short period, she will get the site.  The opposite party society as replied the legal notice dated 25.11.2017, informing the complainant will be allotted site No.10A in 4^th Phase.  Thereby, there is no deficiency in service on the part of opposite party.  Due to government policy and the present area comes under CDP, the layout work has been delay.  Thereby, due to above said bonafide reason, there is delay in allotment of site.  As such, opposite party sought for dismissal of this complaint.
4.     On the above contentions of both parties, this matter is set down for evidence.  During evidence, complainant filed her affidavit evidence.  Further evidence closed.  Likewise, one B.S.Manjunath, Secretary of opposite party submitted his affidavit evidence and further evidence closed. Both filed written arguments. After hearing the advocate for complainant only, this matter is set down for orders.

5.    The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency in service on the part of opposite party in not allotting the site in spite of deposit of sital value, thereby complainant is entitled for the relief claimed?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.   Point No.1:- It is not in dispute that the complainant is the member of opposite party society.  It is also not in dispute that complainant has deposited Rs.3,25,200/- to opposite party society since 2006 up to 2009.  In spite of remittance of major portion of the amount by the complainant, the opposite party has not allotted the site and one of the notice issued to the opposite party was returned unserved.  Subsequently, another notice was issued on 25.11.2017, the same was served.  But, there is no reply, as per the contention of the complainant.  Whereas, the opposite party has contended in the version, the said notice was replied by the opposite party on 14.12.2017, no material is placed by the opposite party to establish that there is reply to the legal notice, since neither copy of reply notice nor the acknowledgement is placed before this Forum.  Further, the opposite party submits in the reply notice, the opposite party has undertaken it will allot site No.10(A) to the complainant and shortly it will be registered in the name of complainant subject to payment of Rs.88,800/-.  In the absence of production of reply issued by the opposite party, the complainant rightly has approached this Forum for the reliefs for direction to the opposite party to provide allot site to her and for compensation and another reliefs.  Mere say of the opposite party that it will allot the site is not enough to arrive at a conclusion that there is no deficiency in service on the part of opposite party.  But, failure on the part of opposite party in not allotting the site even after 10 years, there is deficiency of service on the part of opposite party.  As such, the opposite party is liable to answer the claim in question.  Thereby, this Forum finds that the opposite party is liable to allot a site to the complainant immediately and opposite party is also liable to pay compensation and litigation expenses to the complainant. Hence, point No.1 is answered partly in the affirmative.

8.   Point No.2:- In view of the findings recorded on point No.1, opposite party is to be directed to allot site measuring                    30 x 40 ft. at its Sukhananda Sagara Nagara Layout and to register the same in the name of complainant and also to pay compensation of Rs.75,000/- with litigation expenses of Rs.5,000/-.  Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to allot site measuring 30 x 40 ft. at Sukhananda Sagara Nagara Layout of opposite party and to register the same in the name of complainant in 50 days of this order. Failing which, the opposite party is liable to pay penalty of Rs.100/- per day till compliance is made.
3. The opposite party is hereby directed to pay compensation of Rs.75,000/- along with litigation expenses of Rs.5,000/- to the complainant within 50 days from the date of this order.  Failing which the opposite parties shall pay interest at 12% p.a. on the said total sum of Rs.80,000/- from the date of this complaint i.e. 13.12.2017 till payment.     
4. In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 14^th September 2018)