Karnataka

StateCommission

A/232/2017

H.Srinivasa - Complainant(s)

Versus

G.Shivaraja Adiga - Opp.Party(s)

B.Keshava Murthy

19 Nov 2024

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/232/2017
( Date of Filing : 24 Jan 2017 )
(Arisen out of Order Dated 13/04/2016 in Case No. Execution Application No. EA/36/2016 of District Bangalore Urban)
 
1. H.Srinivasa
S/o Late G.Hanumanthachar, Aged about 52 years, Ex-Secretary, The Vyalikaval House Building Co-op Society Ltd., No.100, 11th Cross, 6th Main, Malleshwaram, Bangalore-560 003. R/at No.91, 1st Cross, Bloom Field Garden, Vidyaranyapuram, Bangalore-560 097
...........Appellant(s)
Versus
1. G.Shivaraja Adiga
S/o G.Vaikunta Adiga Aged about 68 years, R/at No.7/2, Chandrika, Cresent Road, Highgrounds, Bangalore-560 001.
2. The Vyalikaval House Building Co-op Society Ltd.,
No.100, 11th Crss, 6th Main, Malleshwaram, Bangalore-560 003. Rep. by its Secretary
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Ravishankar PRESIDING MEMBER
 HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER
 
PRESENT:
 
Dated : 19 Nov 2024
Final Order / Judgement

 

O R D E R

MR. RAVISHANKAR, JUDICIAL MEMBER

Appellant/s not present.  Sufficient opportunities are provided inspite of that, the appellant/s is continuously absent and not submitted their arguments to convince this commission to set aside the order passed by the District Commission.  Hence, we consider that the appellant is not interested in continuing his case. 

2.     Perused the certified copy of the order and memorandum of appeal, the respondent approached this Commission to set aside the NBW issued against him.  We noticed that after order passed against this appellant, he had not complied the order passed by the District Commission.  Consequently, the respondent had filed Execution for compliance.  When the order was not complied, the District Commission have empowered to adjudicate the matter as per the provisions of Consumer Protection Act and also as per the provisions of Criminal Procedure Act and he has power for Judicial Magistrate of first class to treat the Execution as Criminal Proceedings.  Hence, for non compliance the District Commission had issued NBW, we don’t find any irregularity in the order passed by the District Commission and also no valid grounds urged before this Commission to set aside the order.  Accordingly, the appeal deserves to be dismissed, hence we proceed to pass the following:-

O R D E R

The appeal is dismissed.  No order as to cost.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

 

(Sunita .C. Bagewadi)                   (Ravishankar)      

          Member                               Judicial Member

 ARD*

 

 

 

 

 

 

                            

 
 
[HON'BLE MR. Ravishankar]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi]
MEMBER
 

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