L NAGARAJA Vs. VISHWABHARATHI HOUSE BUILDING

JUDGEMENT

(1.) These three Appeals under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), by the Complainants, who claim to be the Members of the Respondent House Building Co-operative Society (for short, "the Housing Society") are directed against the common order dated 22.10.2013, passed by the Karanataka State Consumer Disputes Redressal Commission, Bangalore (for short, "the State Commission") in Complaints No. 31 to 33 of 2012. By the impugned order, all the Complaints have been dismissed as barred by limitation. As all the Appeals arise out of a common order, these are being disposed of by this order.

(2.) As per the averments in the Complaints, on the request of the Housing Society, the Appellants became its Members by depositing the entrance fee, share fee and some other amounts sometime in the year 2006 (two Appellants) and in the year 2007 (one Appellant). Thereafter, they were informed about the site numbers, its area and the phase number of the Layout Plan. Before and after the said intimation, substantial amounts were paid to the Housing Society in installments on different dates in cash as per the details below:- <FRM>JUDGEMENT_119_LAWS(NCD)11_2014_1.html</FRM>

(3.) According to the Appellants, despite several requests and reminders, possession of the allotted sites was not delivered. Accordingly, sometime in March, 2012, they requested the Housing Society to refund the amounts deposited by them. As per the documents on record, the said letter was received in the office of the Housing Society on 30.03.2012. Having failed in their aspirations to own a house and to elicit any response to the request for refund, the Appellants filed the afore-noted Complaints on 16.04.2012 praying for refund of the amounts deposited by them along with interest @ 24%; compensation/damages for deficiency in service on the part of the Housing Society and compensation for pain and sufferings.