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Judgment
7 paragraphs · 649 words-THE complainant has filed this complaint seeking for a direction to the O. P. to pay Rs. 22,00,000 on the ground that the present market value of the value of the site allotted and sold in his favour would fetch more than Rs. 22,00,000 as on today.
THE facts in this case are as follows: the complainant has paid a sum of Rs. 40,000 to the O. P. for the purpose of purchase of a site measuring 60 x 40 ft. in the layout said to have been formed by the O. P. which is a society registered under the Karnataka Co-operative Societies Act. Pursuant to that payment the O. P. allotted a site bearing No. 588 measuring 40 x 60 ft. and executed a sale deed dated 27. 5. 2002 in favour of the complainant. The copy of the sale deed is produced along with the complaint. The O. P. society also issued a possession certificate dated 12. 11. 2003 under which the complainant was put in possession of the site.
Thereafter, the complainant came to know that the layout formed by the O. P. society wherein the O. P. allotted a site to the complainant was not on the land belonging to the O. P. society, but it is a land acquired by the BDA.
ACCORDING to the complainant the society though made several requests to the BDA seeking for bulk allotment there is no such allotment of land by the BDA in favour of the O. P. society. There is reference to the litigation between the society and the BDA before the High Court of Karnataka. From all these facts, it is seen that the layout formed by the O. P. society is not on its land but on the land acquired by the BDA. If that were to be the case, the complainant could not get any title to the site allotted by the O. P.
O. P. also filed the version admitting the litigation referred to in the complaint. It is not in dispute that the O. P. has made a request to the BDA for bulk allotment of the land where the layout has been formed. But no such allotment has been made. O. P. has also produced several paper cuttings to show that they are making efforts to get the land allotted by the BDA in favour of the society. In all probability the society may not get any such allotment by the BDA. If that is so, the society ought not to have collected the money from the complainant and executed the sale deed in respect of the site which is not the property belonging to the O. P. society.
EXECUTING the sale deeds in favour of certain persons, forming the layout on the land not belonging to the O. P. society is nothing but a cheating to the general public.
FROM the Sale Deed executed in favour of the complainant it is seen that the complainant has paid a sum of Rs. 40,000. As on today or as on the date of filing of the complaint, the site value in and around the Bangalore city has touched the sky. In the event if the complainant had purchased the site in the year 2002 the cost of the said site as on today is between Rs. 30,00,000 and Rs. 40,00,000. Taking all these facts into consideration, we are of the view that the complainant is entitled for Rs. 22,00,000 from the O. P. as prayed for in the complaint. Accordingly, we pass the following: order complaint is allowed. The O. P. is directed to pay Rs. 22,00,000 to the complainant with interest at 12% per annum from the date of the complaint till realisation. The O. P. is also directed to pay Rs. 2,000 to the complainant towards the costs of the proceedings. Complaint dismissed.