IMPORTANT POINT
No one can make profit at expense of others.

J. M. Malik, Presiding Member—We have heard the counsel for the petitioner. None has appeared on behalf of the respondents. Dasti notices were served on respondents vide order dated 05.01.2010 but none appeared. In the meantime, summons were sent to the respondents but the same were received back undelivered with the remarks, “not claimed”, “always door locked”. Vide order dated 19.04.2010, Respondents were proceeded against ex-parte. It was stated that similar matter is yet pending for adjudication in this Commission before another Bench. Case was fixed for 05.05.2010. On 20.05.2014, the Bench headed by Hon’ble Justice D.K. Jain, President, ordered that the case be placed before the Circuit Bench after notices to both the parties. Notices were sent to both the parties. None appeared at the Circuit Bench. Case was adjourned for arguments at Delhi on 11.12.2014. On 11.12.2014, the petitioner asked for a date and the case was fixed for 17.12.2014. It is, thus clear that the respondents are not appearing despite service, even after 15 years. Their purpose is to delay the case unnecessarily.

2. Sh. M.M. Ravi Shankar, the complainant/petitioner became a member of Society of OP-1 & OP-2 in 1982 and deposited a sum of Rs.3,000/- on 06.12.1982 towards the site advance. The OPs vide their letter dated 11.01.1997 allotted Site No. 2765 measuring 40’ x 60’ in 4th Phase of Vishwabharati Housing Complex Layout. The value of the plot was fixed at Rs.24,620/- @ Rs.91/- per sq. yd. The complainant paid Rs.4,000/- on 01.07.2008 & Rs.80,000/- on 03.03.1994 towards the development charges and Rs.60,000/- on the same day, towards site deposit. Sale deed dated 30.04.1994 was executed in favour of the complainant in respect of the Site No. 386 instead of 2765. The Society collected Rs.25,000/- towards registration charges and Rs.8,000/- towards Stamp Duty on 11.01.1987.

3. The Society held a meeting on 28.03.1999. The society fixed Rs.48,000/- towards miscellaneous expenses for site measuring 40’ x 60’. The said amount was also paid on 10.04.1999. The complainant submits that he paid Rs.6.00 Lakhs in cash to the Society on different dates. However, both the Fora have given a short shrift to this eyewash. As there is no documentary proof, we will also pin no value to the pleading of cash payment. It has to be left out of consideration.

4. The grievance of the complainant is that though, the sale deed was executed on 30.04.1994, he was never put in possession of the site. When the sale deed was executed in his favour, the costs of construction was only Rs.10,000/- but now the same has been increased to Rs.1,10,000/- per sq.mt. The petitioner requested the Society to put him in possession of the site but it did not ring the bell. The petitioner suffered financial loss and mental agony. In the incumbent certificate, his name is mentioned with regard to site in question. The petitioner filed a complaint before the District Forum requesting for direction to the OPs to put him in possession of the site and to pay a compensation of Rs.19,90,000/-.

5. The defence set up by the OPs is that the complainant kept quiet for a long period of 14 years. It is contended that in view of Section 70 of the Karnataka Co-operative Societies Act, the complaint is not maintainable under the provisions of the C.P. Act. It was averred that the OPs cannot allot or register site of any dimension to anybody except taking the norms ordered in the government Notification dated 04.10.2007 effecting bulk allotment. The said order has to be implemented by the BDA not only by fixing the rate of cost of amount, but also formulating the release of the land in question in favour of the Society.

6. The District Forum vide its order dated 22.05.2008 directed:-

“Order

7. The complaint is allowed. Within six months after forming the layout following the bulk allotment, the opposite parties shall put the complainant in possession of Site No.386 subject to his making payments of addition