State Consumer Disputes Redressal Commission
Siddalingaiah vs The Karnataka State Judicial ... on 8 February, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. Complaint Case No. CC/98/2012 ( Date of Filing : 13 Aug 2012 ) 1. Siddalingaiah S/o. Late Nanjundappa, Age: 72 years, R/at Rajapura, Hennagara Post, Jigani Hobli, Anekal Tq., Bangalore Rural Dist. . ...........Complainant(s) Versus 1. The Karnataka State Judicial Department Employees House Building Co-operative Society Ltd., High Court Building, Bangalore 560001 Society Rep. by its Secretary . 2. C. Shivalingaiah Former President of the Karnataka State Judicial Department Employees' House Building Co-operative Society Ltd., No. 419A, 5th Cross, 12th Main, Rajmahal Vilas Extension, Sadashiv Nagar, Bangalore 560 3. M.T.V. Ramana Flat No. 29, 2nd Stage, Venkatachari Nagar, RMV II Stage, Bangalore 560094 . 4. Inspector General of Registration and Commissioner of Stamps Shimsha Bhavan, BWSSB Building, 8th Block, Jayanagar, Bangalore 560082 5. Registrar of Co-operative Societies No. 1, Ali Askar Road, Bangalore 560052 . ............Opp.Party(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 08 Feb 2023 Final Order / Judgement BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH) DATED THIS THE 8th DAY OF FEBRUARY, 2023 CONSUMER COMPLAINT NO.98/2012 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, LADY MEMBER Shri Siddalingaiah, S/o late Nanjundappa, Age: 72 years, R/at Rajapura, ...Complainant Hennagara post, Jigani Hobli, Anekal Taluk, Bengaluru Rural District (By Shri.Ashok B.Patil, Advocate) V/s 1. The Karnataka State Judicial Department Employees House Building Co-operative Society Ltd, High Court Building, Bangalore - 560 001 ...Opposite Party/s Society represented by its Secretary 2. Shri.C.Shivalingaiah Former President of the Karnataka State Judicial Department Employees House Building Co-operative Society Ltd, No.419A, 5th Cross, 12th Main Rajmahal Vilas Extension, Sadashiva Nagar, Bangalore - 560 080 ...Opposite Party/s 3. Shri.M.T.V.Ramana Flat No.29, 2nd Stage, Venkatachari Nagar, R.M.V. II Stage, Bangalore - 560 094 4. Inspector General of Registration and Commissioner of Stamps, Shimsha Bhavan, BWSSB Building, 8th Block, Jayanagar, Bangalore - 560 082 5. Registrar of Co-operative Societies, No.1, Ali Askar Road, Bangalore-560 052 (OP No.1-By Sri.Ragunath.C, Advocate) (OP No.2- By Sri.Sivappa, Advocate) (OP No.3, 4 and 5- absent) O R D E R
BY SRI.RAVISHANKAR, JUDICIAL MEMBER The complainant filed this complaint against the Opposite Parties alleging deficiency of service in not registered sale deed in his favour in spite of allotment, hence prays for a direction against the Opposite Parties No.1 to 3 to execute the sale deed in favour of this complainant along with to cancel the rectification dated 2-8-2003 and compensation to the tune of Rs.25,00,000/-, in the interest of justice and equity.
2. The brief facts of the complaint is that the complainant is a member of the Opposite Party society vide membership no.2270 and he was allotted 30 x 40 site bearing no.2003 with road on the eastern side, site no.2055 on the western side, site no.2002 on the northern side and site no.2004 on the southern side layout formed by the Opposite Party society at opposite Jakkur Aerodrome, near Yelahanka. The complainant had paid the entire consideration amount of Rs.30,799/-, after payment of the said amount, they have issued a allotment letter dated 29-10-2001. After allotment, the complainant noticed that the Opposite Party executed a sale deed 29-4-2003 in favour of third person with respect to the site no.2009 measuring 30 x 40 sq. ft. Later on the President of society have executed one rectification deed dated 2-8-2003 attached to the above said sale deed through registered document no.6509/2003-04 by changing site no.2009 into 2003. Though the Opposite Party no.1 and 2 have allotted a site no.2003 in the name of complainant, the Opposite Party No.1 and 2 through rectification deed substituted the site No.2009 into site No.2003 and executed whether the sale deed in favour of the third person. Therefore the complainant issued a legal notice against the Opposite Parties to cancel the above said rectification deed dated 2-8-2003 and to execute the sale deed in favour of this complainant with respect to the site no.2003 and provided 15 days time to comply the notice. The said legal notice was returned unserved as no such address. Having no option, the complainant filed this complaint and alleging deficiency of service and prayed for the execution of sale deed in his favour by canceling the rectification deed executed in favour of third person.
3. After service of the notice, the Opposite Parties No.1 and 2 appeared through their counsel and not filed version. The Opposite Parties No.3, 4 & 5 have not appeared before this Commission.
4. The complainant has filed his affidavit evidence and marked documents as Exs.P1 to P6. The complainant has also filed written arguments.
5. Heard the arguments of complainant.
6. On perusal, the following points will arise for our consideration;
(1) Whether the complainant proved deficiency in service on the part of Opposite Parties?
(2) Whether the complainant is entitled to the reliefs as sought?
(3) What Order? 7. The findings to the above points are; (1) In the affirmative (2) In the affirmative (3) As per final Order. R E A S O N S Point Nos. (1) to (3):-
8. On going through the pleadings, documents and affidavits produced by the complainant, there is no dispute that, the complainant was a member of the Opposite Parties society vide membership No.2270 and it is also not in dispute that the complainant had paid Rs.30,799/- towards allotment of the site measuring 30 x 40 sq. ft. in Jakkur layout, Near Yelahanka. After receipt of the said consideration amount, the Opposite Parties No.1 & 2 have issued allotment letter dated 29-10-2001 by allotting a site No.2003 measuring 30 x 40 sq. ft. with a schedule East by road, West by site no.2055, North by site No.2002 and South by No.2004. After allotment of the said site, the Opposite Parties have not registered the sale deed in favour of the complainant. As per the documents produced by the complainant, we noticed that the Opposite Parties No.1 & 2 have executed one sale deed in favour of one M.T.V.Ramana S/o M.K.V.S.H.V.Sathyanarayana with respect to the site no.2009 in the Allalasandra, Chikkabommasandra and Jakkur judicial layout formed by the Opposite Parties. The learned advocate for complainant submits that the said M.T.V.Ramana is not at all the member of the Opposite Parties society. In spite of that they have executed the sale deed favour of the said M.T.V.Ramana by allotting the site no.2009. Later on 2-8-2003 the Opposite Party No.1 and 2 was also executed another rectification deed attached to the sale deed executed in favour of the said M.T.V.Ramana to modify the site No.2009 to site No.2003 which was allotted to the complainant. Basing on the said rectification deed, the site no.2003 which was allotted to the complainant was going to be transferred in the name of said M.T.V.Ramana. After that, the society-the Opposite Parties No.1 have filed an original suit before the Civil Judges Court at Bengaluru in OS No.3892/2010 and sought for cancellation of the sale deed. After trial the Civil Judge Court has allowed the original suit and declared the sale deed executed in favour of the said M.T.V.Ramana dated 29-4-2003 as null and void and when the sale deed was become null and void, the rectification deed automatically followed by this order and the same also become null and void. The allotment of site no.2003 in favour of complainant remains undisturbed. Even in spite of the said order passed by the Civil Judge Court at Bengaluru, the Opposite Parties No.1 have not made any efforts to execute the sale deed in favour of the complainant, we found it is clear case of deficiency of service on the part of the Opposite Parties No.1 in not registering the sale deed in favour of the complainant, even the sale deed executed in favour of said M.T.V.Ramana was declared as null and void. We noticed here that the complainant had paid full consideration amount way long back at the time of allotment of the site itself. Therefore, the Opposite Parties No.1 is liable to execute the sale deed in favour of the complainant without expecting any further consideration amount. We found there is no any deficiency in service on the part of Opposite Parties No.2 to 5. We noticed that the Opposite Party No.2 is only the President at the time of allotment of site. In fact, the society represented by its Secretary has to execute the sale deed, not the President. The remaining Opposite Parties No.3 to 5 are only formal parties, there is no any allegation against them. Hence, the complaint against Opposite Parties No.2 to 5 is liable to be dismissed. We found there is extreme delay in not registering the sale deed in favour of complainant which amounts of deficiency of service, for which the Opposite Parties No.1 is liable to pay a compensation to the tune Rs.1,00,000/- and litigation cost of Rs.10,000/-. Accordingly, the complaint is allowed with costs and we proceed to pass the following:
O R D E R The complaint is allowed with cost of Rs.10,000/- payable to the complainant.
The Opposite Parties No.1 to 3 are directed to execute the sale deed in favour of complainant with respect to the site bearing No.2003 measuring 30 x 40 sq. ft. at judicial layout, Allalasandra, Bengaluru Further the Opposite Parties No.1 to 3 are directed to pay compensation of Rs.1,00,000-00 towards deficiency of service to the complainant.
Further the Opposite Parties No.1 to 3 are directed to comply the above order within 30 days from the date of receipt of this order. Failing which, the payable amount shall carry interest @9% p.a. from the date of default till realization.
Send a copy of this order to both parties.
Member Judicial Member [HON'BLE MR. Ravishankar] PRESIDING MEMBER [HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER