Vyalikaval house building co operative Society

[janaki ram kota]

Dear Sir,

We, me and my sister- enrolled for a site in the above society's vijayanagar layout in the year 1978 and paid the money for a 60x40 site, quoted by them at Rs16000\- The money was paid in all totaling to Rs35000\- by both of us, up to 1983 and there after wards stopped paying. The Society said that by oversight they bought land from farmers which was also sold to Bapuji house building society and the case eventually landed in supreme court and they told us as per the suggestion of the court they agreed for a compromise formula of leaving 50% of the land to Bapuji Society, and have accepted only the rest of the land. Since half the land is lost in the compromise they said they were not in a position to allot a site to every body and suggested to opt for Nagavara Layout. We opted as suggested by them. Here also citing one reason or the other they have not kept their promise. In the seniority list prepared by them my sister's number is 3 and mine is 8. After waiting patiently up to the year 2000 she filed a case in consumer court and there the society filed an affidavit saying that they do not have any sites to allot and the consumer court passed a decree in my sister's favor directing the society to refund the money with interest. The Society asked us to give it in writing that we would forgo interest portion and agreeable for taking the refund in installments of Rs2500\- each. We refused to give such undertaking and the Society has not paid any money till now. My question is in the light of Justice Shivaraj Patil's episode of allotting a site to him who was enrolled after our enrollment can we again go to consumer court and seek justice from them, more so the decree passed by them was on the basis of false affidavit filed by the Society in the Court that they do not have any site to allot to my sister and as such the Court order was vitiated by fraud. Can any body help me by guiding how to proceed with the case. As regards me since I have so far not instituted any proceeding can I initiate one. Some of the advocates are telling that I cannot because of law of limitation and I have lost my case for ever and there is no hope at all. Is this true. I am also willing to join in a group to fight the case as a lone individual can not face the might of the Society.
Regards
j.r.kota

[msn1270]

When the culprit failes to obey the order, the customer can approach the court again to requesting to implement its order. That time the consumer court can seize the assets of the society as a first step. These things have happened many times both in civil and consumer courts. As, Already Consumer Court has given verdict on your side & the society has not followed it.

I feel you have chance to file a fresh case at the consumer court itself to implement the verdict as the society has failed to so by honouring its decision. Better first consult an expert advocate related to the Consumer court.