S.R. Dayashankar And Anr. vs B.E.M.L. (Sc/St) Welfare Association And Anr.

PETITIONER S were the complainants before the District Forum, when they had filed separate complaints alleging deficiency in service on the part of the respondents.

THE case of the petitioners/ complainants before the District Forum were that the respondent Association had introduced a Housing Scheme for the benefits of the people under the name and style "BEML Bhimrao Nagar Residential Layout" at Raghuvanahalli, Bangalore in 1995. Attracted by the same, the petitioners/complainants became member of the Association and requested the Association to provide the site in the proposed project. According to the complainants, they had paid the agreed consideration to the opposite party but despite receiving the full consideration, the respondent has neither allotted the sites nor execute the sale -deed. It is in these circumstances, alleging deficiency in service, separate complaints were filed before the District Forum, who after hearing the parties and perusal of material on record passed the order in following terms: "These complaints are allowed in part as hereunder : The relief sought for a direction to the opposite party -Association to get the Sale Deed executed in respect of the respective site in favour of the respective complainant in these cases is negatived. However, it is ordered that the opposite party - Association shall refund the consideration paid by them along with interest at 18% per annum on the respective amount from the respective date of payment, till refund to the complainants in these cases.

Further, the opposite party Association shall compensate the complainants in consumer complaint Nos. 2449/2007, 2450/2007, 2451/2007 and 2452/2007 at Rs. 10,00,000.00 (Rs. ten lakh) each, however, subject to the result of the Revision Petition said to have been filed against the Order of the Hon''ble State Commission before the Hon''ble National Consumer Disputes Redressal Commission, New Delhi, which we have referred to supra. It is further directed that the Opposite Party - Association shall compensate the complainants in Consumer Complaint Nos. 2453/2007, 2454/2007, 2455/2007, 2456/2007 and 2458/2007 at Rs. 1,00,000.00 (Rupees one lakh) each. As far as the complainant in consumer complaint No. 2457/2007 is concerned, the opposite party - Association shall pay a sum of Rs. 25,000.00 (Rupees twenty five thousand) by way of compensation. In addition to the above, the Opposite Party - Association is directed to pay Rs. 5,000.00 (Rupees five thousand) to the complainant in each case by way of cost of litigation.

The opposite party - Association is granted sixty days'' time from this date to comply this order."

AGGRIEVED /Dissatisfied by this order, both the parties filed appeals before the State Commission, who after hearing the parties passed the following order: "The Appellants/OPs are directed to refund the amount to the complainants with interest @ 18% p.a. from the date of respective payments till realisation. The Appellants/OPs are also directed to pay Rs. 25,000 as compensation to the complainants in Appeal Nos. 2449/2007, 2450/2007, 2451/2007 and 2452/2007. The Appellants/OPs are also directed to pay Rs. 10,000 in favour of the complainants who have paid the consideration in part, i.e. in favour of the complainants in Appeal Nos. 2453/2007, 2454/2007, 2455/2007, 2456/2007, 2457/2007 and 2458/2007. The Order of the District Forum directing the Appellant/OPs to pay costs of Rs. 5,000 in favour of each of the complainant is kept undisturbed."

Not satisfied with this relief, the petitioners have filed these revision petitions before us.

SINCE the point at issue is the same in all the revision petitions, we go on to dispose of all the revision petitions through a single order.

IT is important to reproduce here the following para from the order passed by the State Commission: "The District Forum has awarded a sum of Rs. 1,00,000 as compensation in favour of the complainants relying upon the decision of this Commission. The judgment of this Commission is now set aside by the National Commission and the matter has been remanded to this Commission for reconsideration. But, however, in addition, we find the complainants are entitled for some compensation taking into account the present market value of the sites in and around Bangalore has increased so much. In our view, awarding a sum of Rs. 25,000 in favour of the persons who have paid full consideration in addition to the refund of the amount with interest and Rs. 10,000 to the complainants who have paid the part consideration along with refund of amount with interest, would meet the ends of justice."

THE case under remand in this para relates to Revision Petition Nos. 4289 to 4315 and 4915 to 4941 of 2008 filed before us by the petitioner/OP in those cases. It needs to be stated here, that after due consideration, in the cited case(s), the State Commission has passed the order granting interest @ 18% p.a. on the deposited amount as well as compensation of Rs. 2 lakh in each case in the appeals filed by them, which are the subject matter of Revision Petition Nos. 4289 to 4315 and 4915 to 4941 of 2008 filed before us. In those revision petitions, we have upheld the order passed by the State Commission, (copy of the order is enclosed) in view of which, in order to maintain consistency in our approach, the order of the State Commission is modified to the extent that instead of the compensation of Rs. 25,000, in respect of the complainants who have paid the full consideration for the plots, the amount of compensation shall go upto to Rs. 2,00,000 for the reasons given therein. Only to this extent the order of the State Commission is modified.

ALL these revision petitions stand disposed of in above terms. R.Ps. disposed of.