Date of Filing :27.02.2018

Date of Disposal :14.06.2024

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:14.06.2024

PRESENT

Mr K B. SANGANNANAVAR: JUDICIAL MEMBER

 (DIST. & SESSIONS JUDGE (R)

Mrs DIVYASHREE M:LADY MEMBER

APPEAL No.307/2018

1. Smt. Kamalamma

    W/o Mr S.Rajagopal

    No.250/S-10, II ‘A’ Cross

    II ‘C’ Main, I Phase, Addl.,

    Girinagar

    Bangalore-560 085

2. Smt. Suma P

    W/o Mr K.Shivakumar

    No.159, 6^th Main, 8^th Cross

    RPC Layout

    Vijayanagar II Stage

    Bangalore-560 040

    (By Mr.V.N.Madava Reddy, Advocate)

                                                                                            Appellant

-Versus-

1. Mr B Jyothi Prasad

    S/o Mr B.Krishnaiah Chetty

2. Mr.B.Kishore Kumar

    S/o Mr B.Jyothi Prasad

3. Mr. B.J.Kiran Kumar

    S/o Mr B.Jyothi Prasad

    All are residing at

    Flat No.A-3, Green View Apartment

    2^nd Cross, K.V.Layout

    4^th Block, Jayanagar East

    Bangalore-560 011

    (By Mr. Ramesh Ananthan, Advocate)

4. M/s. J.P.Golden Homes Properties Pvt. Ltd.,

    No.8, 1^st Floor, 2^nd Main

    2^nd Phase, J.P.Nagar

    Bangalore-560 078                                                       Respondents
                            

-:ORDER:-

Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:

1.       This is an Appeal filed under Section 15 of Consumer Protection Act, 1986 by Complainants aggrieved by the Order dated 23.01.2018 passed in Consumer Complaint No.1316/2016 on the file of III Additional District Consumer Disputes Redressal Forum, Bangalore (for short, the District Forum).

2.       The Parties to this Appeal will be referred to as the rank assigned to them by the District Commission.

3.       The Commission examined the impugned order, grounds of Appeal and Appeal papers.

4.       The Appellants/Complainants 1 and 2 have raised a consumer Complaint for issuance of direction to OPs to comply with Clause 4 of Page No.5, Clause 5 of Page No.8 and Clause 6 of Page No.9 of the absolute Sale Deed dated 16.03.2007 executed by OPs and sought for award of compensation. They have filed this complaint on 28.09.2016, before raising this complaint, caused a legal notice dated 30.08.2016 and OPs have contested the Complaint, contending that complainants have approached District Forum after lapse of 10 years of purchase of the property under Sale Deed dated 16.03.2007.  In view of rival contentions of the parties the District Forum has held, cause of action to file complaint starts from 09.06.2007, namely  from the date of registered sale deed, in order to enforce clause 4, 5 and 6 respectively.  Since Section 24A of CP Act provides for entertaining the complaint within 2 years and complainants have failed to place any materials on record to explain the grounds to entertain their complaint even after the period of limitation.  In such circumstances, considering the object of CP Act, the District Forum has  to be held rightly recorded a finding that the complaint is barred by time, which in our view does not call for any interference for the grounds set out in Appeal Memorandum.  Hence, we proceed to dismiss the Appeal with no order as to costs.

5.       Send copy of this Order to the District Commission and the parties concerned.

      Lady Member                    Judicial Member

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