S.KESAVULU NAIDU vs Bangalore Development Authority

IN this complaint, the complainant has sought compensation in a sum of Rs. 5,15,675/- with interest thereon. He has also sought costs of Rs. 20,000/-.

IT is the case of the complainant that he applied for an allotment of a site to the O.P. - B.D.A., who allotted him a site bearing No. 29 in Rajmahal Vilas Extn. II Stage, Bangalore. IT measured 50'' x 80''. Subsequently the complainant was informed that an alternate site bearing No. 68 at Geddalahalli village, of Rajmahal Extn. II Stage, Bangalore measuring 50'' x 80'' was allotted. The complainant made a payment of a sum of Rs. 1,11,465/- towards the value of the said site and a further sum of Rs. 11,160/- towards stamp duty charges and a sum of Rs. 4,000/- towards other incidental charges and got Lease-cum-Sale Agreement registered from the opposite party on 2.2.1990. The complainant further averred that the opposite party again changed the allotment of the said site and allotted an alternate site bearing No. 132-A near Koramangala Layout, measuring 49'' x 77'' for which also it collected stamp duty and registration expenses from the complainant and got a Lease-cum-Sale Deed executed in favour of the complainant. The complainant averred that he had sought allotment of a site only in R.M.V. Extn. but the opposite party by allotting a site in Koramangala put him to a lot of expenses and the complainant had undergone mental agony and suffering. The complainant, on the basis of these averments, sought a sum of Rs. 5,15,675/- towards compensation on various counts including escalation costs of Rs. 3 lakhs.

The opposite party filed its version and admitted the fact of allotment of sites as averred by the complainant to him. It further averred that it was only at the instance of the complainant that alternate sites were allotted to him. The O.P. admitted the fact that it had executed a Lease-cum-Sale Agreement in favour of the complainant in respect of site bearing No. 68 at Geddalahalli village of R.M.V. Extn. II Stage, Bangalore, at the cost of the complainant. It also admitted that thereafter an alternate site in Koramangala Layout bearing No. 132-A was allotted in favour of the complainant and for which a Lease-cum-Sale Agreement was executed at the cost of the complainant. The O.P. denied the liability of the payment of compensation on various counts as sought for by the complainant.

THE opposite party, on the basis of these averments, sought the complaint to be dismissed. During enquiry, the complainant filed his affidavit and the opposite party - its Law Officer, filed the affidavit. The complainant got Exs. C-l to C-10 marked in evidence and the O.P. got Exs. R-l to R-4 marked in evidence.

WE have heard the learned Counsel for the parties; perused the pleadings and the material placed on record by the parties. The complainant, as per his letter Ex. R- 4 dated 27.7.1992, has wilfully accepted the allotment of site bearing No. 132-A near Koramangala, Bangalore. Para 3 in the said letter, reads as under: "However, in view of your fresh allotment of Site No. 132-A in Koramangala Dollar Scheme I am not pursuing my legal option, but willing to co-operate with you to the extent that I should not be put to further financial loss."

Therefore, it is clear that the complainant has wilfully accepted the final allotment of Site No. 132-A in Koramangala and now it is not permissible to him to make grievance and claim compensation for allotting an alternate site in his favour. It is material on record that the O.P. executed a Lease-cum-Sale Deed in favour of the complainant at his cost ''n respect of Site No. 68 of RMV II Stage, Bangalore. This allotment was changed and an alternate site bearing No. 132-A in Koramangala was allotted to the complainant for which also a Lease-cum-Sale Deed was executed by the opposite party at the costs of the complainant. Having regard to these facts, in our opinion, the opposite party has to refund the amount of charges incurred on stamp duty and registration charges collected for execution of Lease-cum-Sale Deed in respect of site bearing No. 68 of RMV II Stage, Bangalore.

THE complainant has claimed, in respect of Site No. 68, stamp duty charges of Rs. 11,200/- and registration charges of a sum of Rs. 2,300/-. We are of the opinion that the complainant is entitle to get back this money with interest thereon from the opposite party. THE complainant has not placed any material on record to substantiate his claim for compensation on various other counts. ORDER In the result, therefore, this complaint is allowed. THE opposite party-B.D.A., is directed to pay to the complainant a sum of Rs. 13,500/- with interest thereon at 15% p.a. from 2.2.1990 till the date of its payment to the complainant. ztowards costs of this proceeding to the complainant. THE opposite party shall pay the sums so awarded to the complainant within a period of 60 (sixty) days from the date of this order. Complaint allowed with costs.