NCDRC

NCDRC

FA/991/2022

M/S. INDIAN AGRICULTURE COLLEGE, NON-EDUCATION TEACHERS EMPLOYEES & KARNATAKA WELFARE FOUNDATION TRUST - Complainant(s)

Versus

GOPALAKRISHNAN - Opp.Party(s)

M/S. NULI & NULI

07 Nov 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 991 OF 2022
(Against the Order dated 07/09/2022 in Complaint No. 369/2019 of the State Commission Karnataka)
1. M/S. INDIAN AGRICULTURE COLLEGE, NON-EDUCATION TEACHERS EMPLOYEES & KARNATAKA WELFARE FOUNDATION TRUST
REGD. NO. B-54/560/03-04, NO.559/7, 60 FEET ROAD, OPP. POST OFFICE, SAHAKARANAGAR, BENGALURU-560092, KARNATAKA ALSO AT: NO.2627, 6TH CROSS, II FLOOR, 14TH MAIN, SAHAKARANAGAR, BENGALURU, KARNATAKA
...........Appellant(s)
Versus 
1. GOPALAKRISHNAN
S/O T. SURYANARAYANAN
2. SMT. GEETHA
W/O S. GOPALAKRISHNAN RESIDING AT NO.2011, 'C' BLOCK, 'AMMA' SAHAKARANAGAR, BENGALURU-560092, KARNATAKA.
3. SRI PAPE GOWDA
IACETE & KWF TRUST, NO.284, 11TH CROSS, CHAMNDESWARI LAYOUT, VIDYARANYAPURA POST, BENGALURU-560009, KARNATAKA
4. SRI SHIVARAJ
DIRECTOR, IACETE & KWF TRUST, NO.284, 11TH CROSS, CHAMNDESWARI LAYOUT, VIDYARANYAPURA POST, BENGALURU-560009, KARNATAKA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE AVM J. RAJENDRA, AVSM VSM (Retd.),MEMBER

FOR THE APPELLANT :
FOR THE APPELLANT : MR.AGAM SHARMA, ADVOCATE
FOR THE RESPONDENT :
FOR THE RESPONDENTS : MR.SHRIKANT SAMANTARA, ADVOCATE AND
MR. GAUTAM MALIK, ADVOCATE AND
MR. GOPAL KRISHNA IN PERSON (VC)

Dated : 07 November 2024
ORDER

                

          Heard the learned Counsels for both the parties.

          Essentially the matter pertains to a dispute over the handing over of two plots measuring 60x90 feet each, as per agreements made in May and July 2016.

          The learned counsel for the Appellant argued that the Complainants/ Respondents No.1 and 2 are already in possession of property from one of the Trust’s Directors, rendering any further claim inadmissible. On the other hand, the learned counsel for the Complainants/ Respondents No.1 and 2 and the Respondent No.1 appearing in person asserted that no such land was ever handed over and they are not in possession of any property linked to the Registered Sale Deed dated 09.12.2016 between the parties.

 

          Vide order dated 07.09.2022 in Complaint No. 369/2019, the learned State Commission Karnataka considered the matter and directed Appellant/OP-1 Trust to refund ₹30 Lakh to the Complainants, along with interest at 12% per annum from the date of receipt until realization. In addition, ₹3 Lakh as compensation for deficiency in service and ₹25,000/- for litigation costs were awarded.

          The learned counsel for Appellant, on instructions, stated that the Appellant/ OP-1 is willing to refund ₹30 Lakh, subject to the complainants returning the land transferred by one of the Directors of the Trust. He also seeks that the interest component of 12% awarded by the State Commission be reduced in terms of the orders of the Hon’ble Supreme Court in Experion Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor, in Civil Appeal No.6044 of 2019 dated 07.04.2022 and setting aside of the order for payment of Rs.3 Lakhs compensation, over and above interest element awarded, in terms of DLF Homes Panchkula Pvt Ltd Vs DS Dhanda (CA No.4910-4941/ 2019 dated 10.05.2019).

          The learned counsel for the complainants as well as the complainant No.1 appearing in person agree for the rate of interest and compensation. However, they assert that no such land has been transferred and undertook to completely forgo rights over any such property mentioned in the Sale Deed dated 09.12.2016 regarding Site No.2 in property no.108/1, V.P. Katha No.280/108/1/2, located in Doddajala Amanikere Village, Jala Hobli, Bangalore North Taluk, measuring 8000 Sq Ft for a consideration of ₹40,16,000/-.

          Considering the submissions made, Appellant/OP-1 is directed to refund ₹15 Lakh each to Complainants/Respondents No.1 and 2 (total ₹30 Lakh) along with simple interest at 9% per annum from the date of payment till full realization. Also, ₹40,000/- is awarded as costs. This payment shall be made within two months, failing which the interest applicable shall be @ 12% per annum for entire period.

          The order of the State Commission awarding ₹3 Lakh as compensation for deficiency in service is set aside, following the Supreme Court’s ruling in DLF Homes Panchkula Pvt. Ltd. Vs. D.S. Dhanda (CA Nos. 4910-4941 of 2019, decided on 10.05.2019), which held that multiple compensations for a single deficiency are not permissible.

          In addition to the above, both parties are granted liberty to pursue any unresolved grievances or disputes related to the matter at hand before an appropriate forum.

          With the above directions, First Appeal No.991 of 2022 is disposed. All pending related applications, if any also stand disposed of accordingly.  

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
...................................................................................
AVM J. RAJENDRA, AVSM VSM (Retd.)
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.