A.Nos. 1067 to 1078/2022

10.05.2022

COMMON ORDER ON ADMISSION

MR. RAVISHANKAR, JUDICIAL MEMBER

1.      The appellants/JDRs have preferred the Appeal Nos. 1067/2022 to 1078/2022 being aggrieved by the Order dt.11.04.2022 passed in Execution Applications on the file of 1^st Additional District Consumer Disputes Redressal Commission, Bangalore. 

2.      The appellants submit that the District Commission has issued bailable warrant against the JDRs in the executions and also submit that the District Commission without serving the summons has issued a bailable warrant through jurisdictional police.  Infact the JDRs offered the DHRs through their letter dt.14.03.2022 to come forward for registration of the flat/s in compliance of the order passed by the District Commission, but, the DHRs have not come forward to comply the order, but, filed the Execution Applications, hence, prays to set aside the warrant issued against them in the interest of justice and equity.

3.      Heard advocate for appellant on admission.

4.      On going through the memorandum of appeal, certified copy of the order sheet in the Execution Applications and the letter issued by the JDRs, we noticed here that the DHRs have filed Execution Applications after obtaining the order in the complaints.  The office note mentioned that the summons on JDR Nos. 2 & 3 was unserved.  If the summons were not served on them, the District Commission would have again issued a summons against the JDRs and if it was served and not appeared, then, the District Commission have an option to issue warrant to the JDRs whereas we noticed that the District Commission has issued a bailable warrant.  Apart from that, a letter dt.14.03.2022 issued by the JDRs to the DHRs, they called for the compliance of the order.  Considering the said offer, we direct the appellants to appear on 16.05.2022 for compliance of the order without waiting any notice from the District Commission.  Accordingly, the bailable warrant issued is hereby recalled.  If the JDRs fail to appear before the District Commission on 16.05.2022, the District Commission has directed to proceed against the JDRs as per the provisions of Sec.71 & 72 of the Consumer Protection Act, 2019 for compliance of the order.  As such, the appeal is disposed of.

                                                                                                                                                    Sd/-

                                                                                                                                    JUDICIAL MEMBER

KCS*