STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA CONSUMER COMPLAINT NO. SC/29/CC/117/2012 Neena Prabhu PRESENT ADDRESS - W/o. R.N. Prabhu, Aged about 62 years, R/at No. 307, Raheja Park, Magadi Road, Bangalore 560079 .,KARNATAKA.

.......Complainant(s)

Versus Gavipuram Extension House Building Co-operative Society Ltd PRESENT ADDRESS - No. 50, 3rd Cross Road, Gavipuram Extension, Bangalore 560019 Rep.

by its Secretary .,KARNATAKA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE COMPLAINANT:

NEMO DATED: 19/09/2025

ORDER

THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

th DATED THIS THE 19 DAY OF SEPTEMBER, 2025 CONSUMER COMPLAINT No.117/2012 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, MEMBER COMPLAINANT Smt.Neena Prabhu, W/o Sri.R.N.Prabhu, Aged about 62 years, R/a No.307, Raheja Park, Magadi Road, Bangalore – 560 079.

(By Sri.Deepak.J.Desai, Advocate)

-Versus-

OPPOSITE PARTY Gavipuram Extension House Building Co-operative Society Ltd., rd No.53, 3 Cross Road, Gavipuram Extension, Bangalore - 560 019, Represented by its Secretary.

(By Sri.Ananda.K, Advocate)

O R D E R

BY SRI.RAVI SHANKAR, JUDICIAL MEMBER The complaint filed by this complainant against the opposite party for seeking an order st directing the opposite party to allot the site measuring 60-0 feet X 40-0 feet in the 1 phase of Nagadevanahalli, Kengeri Hobli, Bangalore South Taluq or in alternate site measuring 60-0 feet X nd

40-0 feet to the complainant in the 2 stage of the layout in Nagadevanahalli, Kengeri Hobli, Bangalore South Taluq in the event the original site is not available, to pay Rs.1,00,000/- as damages for negligence and deficiency in services, Rs.1,00,000/- as compensation towards mental agony and humiliation, to pay cost of litigation and also prayed for granting such other relief as this Commission deemed fit in the interest of justice and equity.

2. The brief fact of the complaint is that;

The opposite party is a House Building Co-Operative Society registered under the Karnataka Co-

operative Societies Act which involved in the business of development of residential layouts and allotments of sites to its members. Such being the case, the opposite party had identified a piece of st land in 1 phase of Nagadevanahalli, Kengeri Hobli, Bangalore South Taluq for the development of a residential layout. With respect to the same, he has advertised to the general public that they are going to form a layout and offered for applications. Basing on the said offer, complainant approached the opposite party society and sought for allotment of site measuring 60-0 feet X 40-0 feet in the layout to be formed and became member to the said society vide member ship No.730.

3. The Complaint further alleges that opposite party subsequently on 01.03.1988 had issued a circular for payment of Rs.16,000/- towards allotment of site measuring 60-0 feet X 40-0 feet. Pursuant to the said circular, the complaint paid the said amount and receipt was issued by the opposite party. Later on, opposite party called upon the complainant to pay Rs.29,837.55 as the value of the site is Rs.48,000/-. Accordingly, the complainant paid the said amount and sought for allotment of the site. But so far, the opposite party had not allotted the site as agreed inspite of receipt of the full amount. The complainant has paid the following amount in the following dates;

Date of Payment Amount in Rs.

12.07.1984	Rs. 7,000.00
31.08.1984	Rs. 7,000.00
02.09.1989	Rs.16,000.00
02.11.1989	Rs.12,000.00
Total paid amount	Rs.42,000.00

To the tune of Rs.42,000/-. But, for one or the other reasons the opposite party not developed the layout and not allotted the site.

4. The complainant further alleges that the opposite party had conducted the General Body Meeting on 06.02.2005 and the main agenda in respect of the meeting was regarding fixing of the nd sital value of t

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