| First Appeal No. A/3156/2016 | | ( Date of Filing : 14 Dec 2016 ) | | (Arisen out of Order Dated 23/06/2016 in Case No. Complaint Case No. CC/298/2015 of District Dharwad) |
| | | | 1. Shrihari Joshi | | S/o B.V. Joshi Age: 35 years Occ: Software Engineer R/o C/o B.V. Joshi, 310/2, Pranava Complex Opp: Big Bazar, Malleshwaram 5th Cross, Bengaluru-560 003 |
| ...........Appellant(s) | |
| Versus | | 1. Managing Partners | | (Srinivas A Naidu) Manjunath Mallappa Doni & Santhosh Sudhakar Raikar) M/s Green Citi Township Developers Girija Prestine 1st Floor, Y.S. Colony Cross P.B. Road, Dharwad-580 004 |
| ...........Respondent(s) |
|
|
| Final Order / Judgement | Dtd.04.05.2024 A/3156/2016 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 Complainant/Appellant aggrieved by the order dtd.23.06.2016 passed in CC/298/2015 on the file of Dharwad District Forum. (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 and heard the learned counsels.
- The Complainant raised consumer complaint U/s.12 of CPA 1986 against OP, praying to issue direction against OP to refund of advance amount of Rs.5,73,000/- paid for purchase of two sites at Phase-1 Narendra, Plot No.150 & 151 by the Complainant with existing bank rate of interest as per clause 13 of the agreement and to pay Rs.20,000/- as compensation and Rs.30,000/- as punitive damages. In the said complaint, OP put his appearance through learned counsels. In the said complaint, during the course of enquiry, OP submitted a joint memo, wherein OP agreed to refund an amount of Rs.5,73,000/- paid by the Complainant with existing bank rate of interest. In view of the land has not been converted into NA within 24 months from the date of agreement as per clause 13 of the said agreement of sale dtd.16.03.2013, OP has paid Rs.4 lakhs towards part payment during pendency of the proceeding. Further, OP has agreed to pay the amount of Rs.5,73,000/- with 9% interest p.a. from 01.08.2015 until realisation of the amount due thereon and agreed to pay balance of Rs.2,24,570/- consisting of Rs.51,570/- towards interest on Rs.5,73,000/- by way of two post dated cheques on or before 30.04.2016. Thus, this joint memo submitted by parties to the complaint was accepted and the matter came to be closed as settled between the parties on 20.04.2016 itself. However on 23.06.2016, Complainant raised objections by filing application U/s.152 of CPC to correct the date and the rate of interest wrongly recorded in the joint memo which was heard and on 23.06.2016 the District Forum held there is no such mistake and it is not an error crept in the joint memo. Accordingly rejected the said IA which in our view District Forum has rightly decided the IA filed U/s.152 of CPC and rightly rejected, in consideration of the joint memo dtd.20.04.2016, which cannot be said District Forum has failed to appreciate the facts and circumstances of the case narrated in the IA.
- In the above such view of the matter, this Commission did not find any good grounds to interfere in the impugned order. Hence proceed to dismiss the appeal with no order as to cost.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
