Dtd.14.07.2023                                    A/2295/2022

O R D E R

       HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    This is an appeal filed U/s.41 of CPA 2019 by Complainant/Appellant aggrieved by the order dtd.08.08.2022 passed in CC/108/2019 on the file of Dakshina Kannada District Commission.  
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.
3. It is not in dispute that Complainant has paid prescribed amount towards the site in the layout formed by OP society, and to that affect, OP society confirmed the allotment of site no.20 measuring 40’x60’ in favour of the Complainant vide confirmation letter dtd.18.01.2015. However, the dispute arose when OP society requested to make payment towards construction of compound wall to his site as decided in the investors meeting held on 18.01.2015 vide letter/Ex-C11 dtd.07.04.2015. In this regard, contention of the Complainant that, he has participated in the investors meeting held on 18.01.2015 only for the confirmation of site and there was no agenda for the payment of the construction of compound wall. In this regard, we examined the proceedings of the investors meet/Ex-R14, wherein at agenda no.6 it has been clearly recorded about the necessity of construction of compound wall to each individual site with cost estimation, and approval of the same by members of the OP society. Further we also examined the ‘Attendance of Nominal Members for the Investors meet held at our layout on 18.01.2015’, wherein could see around 119 members were participated in the meeting and at sl.no.24 Complainant has made his signature without any objection. As such, we are of the opinion that, in a society’s meeting once the approval is passed without any objection of the members, they cannot deny the same on later stage and the decision if any made therein is binding on all the members. In this view of the matter, contention of the Complainant that there was no agenda for the payment of the construction of compound wall in the investors meeting, and later requested the OP to waive of the cost towards compound wall cannot be acceptable. As such, we found sound findings recorded by the Commission below while dismissing the complaint giving a liberty to the Complainant to approach the OP society and make necessary payment of the cost of compound wall and other registration charges and OP shall be liable to register the housing site in favour of the Complainant after receiving the outstanding amount.
4. However, at present, the cost of construction of compound wall and registration charges towards the site increased. In this regard, it would be appropriate to direct Complainant to make payment towards the expenses that would incur in construction of compound wall and registration of site, and OP to do the needful, since they agreed to construct the compound wall and execute the sale deed on receipt of necessary payments vide letter dtd.13.10.2022. Accordingly, we proceed to allow the appeal in part, consequently set aside the impugned order. In the result, order of the Commission below modified in the following terms:

Complainant is directed to pay Rs.55,200/- along with interest at 8% p.a. from 07.04.2015 as per Ex-C11 till receipt of this order and do pay current registration charges to the OP society to execute the sale deed in his favour.

Further, after receiving the amount from the Complainant as ordered above, OP society is directed to construct the compound wall to the site allotted to the Complainant and execute the registration of sale deed in his favour.

Both parties are directed to comply this order within two months from the date of receipt of this order.

5. Notify copy of this Order to the District Commission and parties.

Lady Member             Judicial Member              President      

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