NCDRC

NCDRC

RP/3055/2010

M/S. VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. - Complainant(s)

Versus

G. V. JAGDISH - Opp.Party(s)

MR. B. SUBRAHMANYA PRASAD

07 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3055 OF 2010
 
(Against the Order dated 31/05/2010 in Appeal No. 2033/2009 of the State Commission Karnataka)
1. M/S. VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD.
No. 35 Rathnavilas Road, Basavanagudi
Bangalore - 560004
Karnatka
...........Petitioner(s)
Versus 
1. G. V. JAGDISH
Residing at No. 1407, "Shyeyas", 14th Main, J.P. Nagar-I Phase
Bangalore - 78
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
MR. B.S. PRASAD, ADVOCATE
For the Respondent :NEMO

Dated : 07 Dec 2010
ORDER

          Heard counsel for the petitioner.  By order dated 28.9.2010,  it was found that the petitioner has admitted its liability relating to the sum of Rs.4,20,000/-.  Taking the said fact into consideration, we directed the present petitioner to deposit the entire amount due under the award on or before 15.10.2010, failing which it was contemplated that the revision may have to be dismissed.  Dasti copy of the order was given to the counsel for the petitioner for compliance.  When the matter came up on 15.10.2010, counsel for the petitioner stated that though he had intimated of the order dated 28.9.2010 of this Commission to the petitioner – Society, yet he had not received any instruction in the matter.  He, therefore, sought a week’s time for taking instruction in the matter        and the matter was adjourned to 11.10.2010.  On 11.10.2010, counsel for the petitioner stated that the petitioner had deposited a sum of Rs.1 lakh before the District Forum in Execution No.65 of 2009 and he sought further two weeks’ time to deposit the remaining amount due under the award in terms of order dated 28.9.2010 of this Commission.  The matter was accordingly adjourned to today and it was made clear that no further adjournment shall be granted in the matter.  Counsel for the petitioner states that he has not received any instruction from the petitioner regarding deposit of the remaining balance amount, till today.  

          In view of the above, the revision is, hereby dismissed, with cost of Rs.10,000/- to be deposited with Consumer Legal Aid Account of this Commission within a period of six weeks.  The complainant is permitted to withdraw the sum of Rs.1 lakh, which has already been deposited with the District Forum in Execution Petition No.65/2009.

          Copy of this order be immediately sent by the Registry to the District Forum so that the complainant can withdraw the said amount.

 

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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