| First Appeal No. A/1483/2018 | | ( Date of Filing : 24 Sep 2018 ) | | (Arisen out of Order Dated 10/12/2014 in Case No. CC/979/2014 of District Bangalore 2nd Additional) |
| | | | 1. The Vyalikaval House Building | | Co-operative Society Ltd., No.151, 15th Cross, 8th Main road, Malleswaram, Bangalore-560055 Rep.by its President |
| ...........Appellant(s) | |
| Versus | | 1. B.Lawrence | | S/o Berchmans Raj, No.32A7, 19th B Main road, 1st K Block, Rajajinagar, Bengaluru-560010 |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.04.05.2024 A/1483/2018 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 OP/Appellant aggrieved by the order dtd.10.12.2014 passed in CC/979/2014 on the file of 2nd Addl., District Commission, 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, written arguments of Respondent who personally represent the case and heard. Now, the point that arises for consideration of this Commission would be:
- Whether impugned order dtd.10.12.2014 does call for interference for the ground set out in the appeal memo?
- The Complainant raised consumer complaint alleging rendering deficiency in service on the part OP and sought direction to pay Rs.1,96,370/- along with interest at 18% p.a. and the District Forum held OP society rendered deficiency in service, thereby, directed OP to refund Rs.32,000/- along with interest at 10% p.a. from the date of provisional allotment letter till the date of realisation and to pay Rs.2,000/- towards cost of proceedings. It is this order is assailed in this appeal contending that District Forum failed to appreciate that Appellant society till date to receive amount from the Government and only after receives the amount from Government, society could have returned the amount to the Complainant. District Forum failed to appreciate that ‘law mandates that whenever State Governments refund such advances deposited with them, 33% would be deducted towards administrative fee, cess and other charges’ and the District Forum has failed to appreciate Appellant society is not a profit making venture, yet the District Forum imposed 10% interest from 1987 which is contrary to the facts and law is liable to be set aside.
- At the very outset, we have to make mention of the fact that, OP has failed to participate in the complaint proceedings before the District Forum. OP in the complaint is not an ordinary person but an entity, yet failed to participate in the proceedings for the reasons best known. The enquiry conducted by the District Forum reveals about receipt of Rs.10,000/- on 07.06.1985, Rs.12,000/- on 02.08.1986, Rs.10,000/- on 23.10.1993 from the Complainant. In other words, OP society had received Rs.32,000/- from the Complainant and it is still with the OP/Appellant society. We can draw an inference that this amount could have been utilised by the society to develop the project but facts remain failed to allot site to the Complainant measuring 30’x40’ as promised and OP cannot expect site will be allot at its will and wish.
- The complaint was raised before the District Forum on 04.06.2014, which came to be decided on 10.12.2014 and this appeal is filed before this Commission on 24.09.2018 after lapse of 1353 days. As already stated above OP is not an ordinary person but an entity. The paper disclose that after obtaining award in CC/979/2014 an EA/3/2015 came to be filed before the District Forum for recovery of the award amount and in such circumstances, this Commission did not find any good grounds much less the grounds set out in the appeal memo to interfere in the impugned order. Hence proceed to dismiss the appeal with cost of Rs.5,000/- payable to Respondent in the EA proceedings.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
