R.VIVEKANANDA vs AMARAJYOTHI HOUSE BUILDING CO-OP. SOCIETY LTD.

THE complainant, in this complaint, has sought the following relief: "that the Respondent Society be directed to put the applicant in possession of the site measuring 40'' x 60'' in the layout formed by the Society at Kempapura Agrahara in Survey No. 481/1,2 and 431and in Cholanayakanahalli in Sy. Nos. 105/1, 2 and 106/15 out of 25 acres in respect of the approval of the Government was obtained as early as 28.7.1978 in favour of the Society and in the interest of justice and equity or in the alternative award of damages/ compensation of rupees one and half lakh with 18% p.a. thereon."

THE complainant averred that he was the member of the opposite party-society i.e., Amarajyothi House Building Co-operative Society Ltd., Bangalore. THE Opposite Party formed the layout in Sy. Nos. 105/15, 106/1 and 2 situate in Cholanayakanahalli village, Bangalore District, for allotment of sites. The complainant received notice, as per Ex. C-l, on 3.1.1990, a circular as per Ex. C-2 on 8.5.1990 and one more circular on 18.6.1991 as per Ex. C-3 from the Opposite Party. Subsequently, on 14.2.1990, an intimation as per Ex. C-4 was sent by the Opposite Party asking the complainant to go over to the office within 7 days from the date of the receipt of the said letter to complete certain formalities in connection with membership and site deposit applications.

The complainant further averred that on verification from the B.D.A. he came to know that the layout was approved. The complainant further came to know that the site allotted to him, measuring 40'' x 60'', was being diverted to some other person. The Opposite Party was, without any reason whatsoever, postponing the issue of possession certificate and registration etc.

THE complainant, on the basis of these averments, has sought the relief as narrated above. The Opposite Party, though served, remained absent and so the Opposite Party was placed exparts on 15.9.1992.

THE complainant, thereafter filed his affidavit. During enquiry the documents produced by the complainant came to be marked as per Exs. C-l to C-4, Ex. C-l is a Xerox copy of the general notice issued to all the members of the society to remit the balance amount; Ex. C-2 is a circular issued by the Opposite Party informing revised rates of the sites of the different dimensions, Ex, C-3 is a Xerox copy of a letter asking to make payment of layout charges, Ex. C-4 is an intimation asking the complainant to go over to the office of the opposite party to attend to certain formalities in connection with membership and the site deposit application. THE learned Counsel for the complainant was heard. The relief sought by the complainant, as referred above, is - (a) to direct the Opposite Party to put the complainant in possession of a site measuring 40'' x 60'' in the layout formed in Sy. Nos. 105/1, 2 and 106/15 and also in Sy. Nos. 481/1, 2 and 431 of Cholanayakanahalli and Kempapaura Agrahara respectively; in the alternative; (b) to award compensation of Rs. l,50,000/- with interest at 18% p.a. thereon. The reliefs which Consumer Redressal Forums can grant to any complainant are only those specified in Section 14 of the Consumer Protection Act. The provisions of Section 14 of the C.P. Act, 1986 read as under: "14. Finding of the District Forum - (1) If, after the proceeding conducted under Section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the Opposite Party directing him to take one or more of the following things, namely:- (a) to remove the defect pointed out by the appropriate laboratory from the goods in question; (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant; (d) to pay such amount as may be a warded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the Opposite Party. (2) Every order made by the District Forum under Sub-section (1) shall be signed by all the members constituting it and, if there is any difference of opinion, the order of the majority of the members constituting it shall be the order of the District Forum. (3) Subject to the foregoing provisions, the procedure relating to the conduct of the members of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government."

THE relief sought for by the complainant as referred at (a) is not one of the reliefs enumerated in Section 14 and hence it is not within the power of this Commission to grant such a relief.

AS far as alternative relief of compensation sought for by the complainant is concerned, it is of the essence of Sec. 14(l)(d) that loss or injury for which a compensation is to be adjudged and awarded should be found to have been caused by the negligence of the Opposite Party. And it is for the complainant to establish, first, that there was negligence on the part of the Opposite Party and, secondly, that as a consequence thereof, the complainant has suffered loss and injury. In the present case, the complainant has neither averred the negligence on the part of the Opposite Party and in consequence of which the loss or injury sustained by him nor he has placed any material to prove this aspect of the matter. It is clear from the material placed on record by the complainant, that the complainant has failed to prove these material facts and so the complaint has no substance and it is liable to be dismissed ORDER In the Result, therefore, this complaint fails and it is dismissed. No costs. Complaint dismissed. _______________