B T SHIVAPRASAD Vs. PRESIDENT/VICE PRESIDENT/SECRETARY

JUDGEMENT

(1.) PETITIONER -In -Person was present on 18.07.2013 when the orders were reserved in this matter. Counsel for Respondent, who was present on the last date of hearing i.e. on 02.05.2013 and was aware that the case was to come up on 18.07.2013, was not present.

(2.) BRIEFLY stated, the facts of the case are that the Petitioner/Complainant had become a member of the Opposite Party/Society, Respondent herein, with a view to own a residential site and had paid a sum of Rs.21,050/ - on various dates from 21.04.1985 to 23.01.1999. The total value of the site was Rs.54,000/ -. There was no progress in the allotment of the site and also despite contacting the Opposite Party/Respondent through letters there was no response. Being aggrieved Petitioner/Complainant filed a complaint before the District Forum. District Forum directed the Opposite Party/Respondent to pay Rs.20,900/ - to the Petitioner/Complainant with interest at the rate of 12% per annum from the respective dates of payment till actual payment as also compensation of Rs.2,00,000/ - towards sufferings and deprivation of the site in Bangalore alongwith Rs.5000/ - as costs. In the cross -appeals filed before the State Commission by both the Petitioner/Complainant and the Opposite Party/Respondent, the State Commission modified the order of the District Forum by setting aside the direction as to compensation of Rs.2,00,000/ - by observing as follows : -

(3.) THE present appeal has been filed by the Petitioner seeking restoration of compensation of Rs.2,00,000/ - awarded by the District Forum.