NEELAKANTESWARA SWAMY Vs. K GOPALAKRISHNA

JUDGEMENT

(1.) THIS appeal is filed by the appeallant/Opposite Party to set aside the order dated 09/11/2011 passed by the Bangalore Urban II Additional District Consumer Forum in complaint No.671/2011 whereby complaint filed by the respondent/complainant came to be allowed in part directing the appellant to pay a sum of Rs.18,662/ - with interest @ 12% p.a from 26/10/1987 till payment with cost of Rs.2,000/ -. Therefore, Opposite Party has come up with this appeal on various grounds.

(2.) WE have heard the learned counsel for the appellant and perused the records. The case of the respondent/complainant is that he is a member of the society and has deposited a sum of Rs.18,662/ - for allotment of site measuring 40' X 60' through two cheques. A provisional allotment letter dated 26/10/1987 has been issued in his favour. The appellant demanded further sum of Rs.8,000/ - and same has been received on 11/10/1989 and demanded another sum of Rs.1,000/ - and received the same on 24/10/2010. In spite of that Opposite Party has not allotted the site. The respondent/complainant made repeated request to the Opposite Party but the Opposite Party failed to refund the amount. The respondent/complainant issued a notice and later filed the complaint.

(3.) ON careful scrutiny of the order discloses that the appellant/Opposite Party appeared before the DF filed its versions admitting about the receipt of the total sum of Rs.18,662/ - from the complainant. The Opposite Party has taken contention that the BDA has not released the land in favour of the Opposite Party nor repaid the amount and therefore, he could not form the layout. The Opposite Party taken further contention that if the complainant proves that he has paid a sum of Rs.18,662/ -, it will be returned to him.