| KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION | | BASAVA BHAVAN, BANGALORE. |
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| Appeal Execution Application No. A/308/2018 | | ( Date of Filing : 27 Feb 2018 ) | | (Arisen out of Order Dated 23/01/2018 in Case No. CC/1315/2016 of District Bangalore 3rd Additional) |
| | | | 1. C.J.Madhu Mahabaleshwar | | W/o Mahabaleshwar, R/a 262, Susheela Nilaya Railway station road, S.S.Puram, Tumkur |
| ...........Appellant(s) | |
| Versus | | 1. B.Jyothi Prasad | | S/o B.Krishnaiah Chetty, R/a Flat No.A-3, Green View Apartment, 2nd cross, K.V.Layout, 4th block, Jayanagar East, Bangalore-560011 | | 2. B.Kishore Kumar | | S/o B.Jyothi Prasad R/a Flat No.A-3, Green View Apartment, 2nd cross, K.V.Layout, 4th block, Jayanagar East, Bangalore-560011. | | 3. B.J.Kiran Kumar | | S/o B.Jyothi Prasad R/a Flat No.A-3, Green View Apartment, 2nd cross, K.V.Layout, 4th block, Jayanagar East, Bangalore-560011. | | 4. M/s J.P.Golden Homes Properties PVt. Ltd., | | No.8, 1st floor, 2nd Main, 2nd phase, J.P.Nagar, Bangalore-560078 |
| ...........Respondent(s) |
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| BEFORE: | | | | HON'BLE MR. Krishnamurthy B.Sangannavar PRESIDING MEMBER | |
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| Dated : 11 Mar 2024 |
| Final Order / Judgement | Dtd.11.03.2024 A/308/2018 O R D E R BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER. - This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.23.01.2018 passed in CC/1315/2016 on the file of 3rd Addl., District Forum, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
- The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.
- One Smt.C.J.Madhu Mahabaleshwar W/o Sri.Mahabaleshwar raised consumer complaint to direct OPs.1 to 4 to comply with the clause 4 of page no.5, clause 5 of page no.8 and clause 6 of page no.9 of the absolute sale deed dtd.09.03.2007, executed by them in favour of Complainant and to pay compensation of Rs.5 lakhs for mental agony, Rs.1 lakh as expenses. This complaint was contested by OPs and the District Forum held an enquiry, raised as many as three points of which one is Whether the complaint is barred by time ? which came to be recorded in the affirmative. Accordingly dismissed the complaint as barred by time. It is this order is assailed in this appeal, contending that the District Forum has failed to perceive the facts rightly, and wrongly recorded the complaint as barred by time. It is to be noted herein that the date of sale deed is 09.03.2007, while the complaint is raised on 28.09.2016. The District Forum in para 9 has recorded reasons, the Complainant without taking any steps for all the 9 years issued legal notice dtd.17.07.2016, prior to filing the complaint, which cannot be considered as the date for the purpose of counting two years as provided U/s.24A of CPA 1986, as such, impugned order does not call for any interference. The contention of Appellant, cause of action for the Complainant is continues one, even though the sale deed executed in the year 2007, which cannot be acceptable, since the District Forum has rightly observed, no proper steps taken by the Complainant to implement clause 4, 5 & 6 of the sale deed. In other words, relief sought in the complaint after lapse of 2 years is rightly dismissed, which do not call for any interference of this Commission for the grounds set out in the appeal memo. Hence proceed to dismiss the appeal with no order as to cost.
- Notify copy of this Order to the District Commission and parties.
Judicial Member *NS* | |
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| | | [HON'BLE MR. Krishnamurthy B.Sangannavar] | PRESIDING MEMBER
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