BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.
DATED THIS THE 14th DAY OF JUNE 2021
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 401/2021
Appellant/s |
1 . M/s Sri Balaji Builders and Developers .
R/at No.887, 19th Main, Ideal Homes Towship, Rajarjeshwari Nagar
Bangalore
(By Sandhya Jamadagri) |
Respondent/s |
1 . .Smt. J.Renuga W/o R Jayaraj, .
Age about 41 years, Residing t No.10, Moorthi Nagar 5th Street, Tirupur 07 |
14.06.2021
ORDER ON ADMISSION
BY SRI RAVISHANKAR, JUDICIAL MEMBER
1. The appellant/Opposite Party has preferred this appeal being aggrieved by the Order dt.03.03.2019 passed in EA.No.80/2020 on the file of 1st Additional District Consumer Disputes Redressal Commission, Bangalore where the District Commission has issued NBW for non-payment of the award amount. Hence, prayed to recall the order dt.03.03.2021 and permit him to pay the balance amount subsequently in the execution.
2. Heard the argument of the counsel for appellant on admission.
3. On going through the memorandum of appeal, we noticed that the complainant had filed a complaint before the District Commission in CC.No.1246/2016 for refund of the entire sale consideration amount paid towards the purchase of apartment. Accordingly, the District Commission allowed the complaint way back in the year 2018. Thereafter, the appellant had not complied the order, subsequently the complainant had filed Execution Application No.80/2020 before the District Commission. After filing the Execution Application, we noticed that the appellant had not repaid the amount and also not appeared before the District Commission inspite of knowing fully that the complainant had filed an Execution Application and he refused to receive the summons issued by the District Commission. The District Commission having no other option issued NBW to the appellant for their appearance. We found that there is no any reason to recall the NBW issued by the District Commission because the summons which was issued to the appellant was unclaimed and this goes to show that the appellant is very negligent in complying the order passed by the District Commission. Hence, the order of issuance of NBW passed by the District Commission cannot be set aside. It is the duty of the appellant to comply the order passed by the District Commission. As such, the appeal is dismissed at the stage of admission.
Forward free copies to both parties.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
