LAWS(NCD)-2014-11-113

KARNATAKA TELECOM DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY LTD Vs. H S RAJASHEKAR S/O LATE HADYA SUBBEGOWDA

Decided On November 11, 2014
Karnataka Telecom Department Employees Co -Operative Society Ltd Appellant
V/S
H S Rajashekar S/O Late Hadya Subbegowda Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 04.04.2013 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 2021 of 2012 Bakathavakchalam V.J.K. Vs. H.S. Rajashekar by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent became Member of OP/Petitioner-Society by paying necessary charges of Rs.20/- and share amount of Rs.1,000/- in the hope of getting site for house. Complainant deposited total Rs.6,50,400/- on different dates and OP assured that it would allot site within two years. OP failed to allot site inspite of demands. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that they have taken up steps and all the projects have been developed and 75% of the sites have already been allotted to the Members after obtaining necessary approval. It was further submitted that as value of the site has gone up considerably, no loss to purchaser will be caused on account of delay and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to refund Rs.6,50,400/- with 12% p.a. interest and further allowed Rs.3,000/- as cost. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the parties on application for condonation of delay and perused record.