KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE.

First Appeal No. A/1537/2023 ( Date of Filing : 07 Aug 2023 )

(Arisen out of Order Dated 15/06/2023 in Case No. Complaint Case No. CC/207/2022 of District Bangalore Urban)

1. MINISTRY OF COMMUNICATION EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED NO.842, 1ST FLOOR, SAHAKARA BHAVANA, A BLOCK, SAHAKARANAGARA, BENGALURU-560

092 BENGALURU URBAN KARNATAKA ...........Appellant(s)

Versus

1. REKHA JAIN W/O BERUMAL JAIN, AGED ABOUT 40 YEARS, FLAT NO.A-2, 2ND FLOOR, NO.9, S B ROAD, V V PURAM, BENGALURU-560004 BENGALURU URBAN KARNATAKA ...........Respondent(s)

BEFORE:

HON'BLE MR. Krishnamurthy B.Sangannavar PRESIDING MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT:

Dated : 16 Apr 2024 Final Order / Judgement

16.04.2024:

COMMON ORDER IN A.NOs.1537 to 1541 OF 2023 HON’BLE MR. JUSTICE HULUVADI G. RAMESH, PRESIDENT

01. The opposite party has filed these 05 Appeals under section 41 of the Consumer Protection Act, 2019 challenging the order dated: 15.05.2023 & 15.06.2023 passed in C.C. Nos.204 to

208/2022 by the District Consumer Disputes Redressal Commission, Bangalore Urban District, Bangalore.

02. The above Appeals are interconnected to each other as they were arisen out of the same similar cause of action and as the Appellant herein in the above 05 cases are one and the same and Respondents are different, since common order was passed are to be decide under a common order.

03. The parties to these Appeals will be referred to as their rank assigned to them by the Commission below.

04. Heard arguments of both sides.

05. The District Commission after enquiring into the above matters had partly allowed the consumer complaint Nos. 204 to 208/2022 on 15.05.2023 and on 15.06.2023 by directing the OP -

Society to make refund of the amount to the complainants along with interest at 12% per annum from the date of respective payments till the order within 45 days from the date of order, failing which the OP – society shall pay interest at 14% per annum on the award amount from the date of the order till realization. Aggrieved by this below Commission’s order, the opposite party had preferred these above 05 Appeals.

06. Perused the impugned orders and the grounds urged in the above Appeals. The brief facts of the above cases are that, the complainants in all the cases being an associate members of OP –

housing co-operative society had invested certain amounts through installments since from 2005, but the OP without disclosing any details regarding survey numbers for formation of layouts issued notices to the complainants calling upon them to pay revised sital cost i.e., from Rs.645/- to Rs.850/-. Hence complainants issued legal notice to the OP and subsequently alleging deficiency in service on the part of the OP have filed consumer complaints before the below Commission.

07. The common grounds urged by the Appellant in the above matters are that, the below Commission has failed to appreciate that, there is no time frame promised by the OP – society for allotment of sites and they were allotted only on the seniority basis among the members of the Society. The progress of the layout, seniority list and other proceedings are placed in each and every annual general body meetings and every allotment is transparent. The developments as well as seniority list are displayed on the notice board from time to time. The voluntarily declaration given by the respondents is crystal clear that, the Appellants are entitled to deduct 10% from the site deposit amount. The appellant society is a non-profit making society and in the event of payment of interest and costs it would definitely burden the OP-society as the OP-society is required to pay the same from the public money. There is no contract for interest and the OP- society being non-profit motive society cannot offer to pay such a huge interest. The amounts deposited by the members are utilized for procuring lands in open market, development of l