Mohammed Ismail V/S The Managing Director, - Consumer Court Case

Karnataka

StateCommission

A/524/2023

The Managing Director, - Complainant(s)

Versus

Mohammed Ismail - Opp.Party(s)

S Venkatesh

19 May 2023

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

BASAVA BHAVAN, BANGALORE.

First Appeal No. A/520/2023

( Date of Filing : 20 Mar 2023 )

(Arisen out of Order Dated 02/07/2022 in Case No. Complaint Case No. CC/179/2020 of District Gadag)

1. The Managing Director,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99), No.7, 1st Floor, Rajarama Mohanroy Tower, Opp: Meghalaya Hotel, Asilmetta, Vishakapattanam-530 003, Fax-666443, Andhra Pradesh.

2. The Managing Director, Vijayaprasada Malla, S/o.Joseph Naidu, Represented by its GPA, Vijayachandra,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99)Corporate Office, 10/1, No. 13/123,Welfare Complex, RTC Complex,Asilmetta, Vishakapattanam-530 003.Andhra Pradesh.

3. The Zonal Branch Manager,

Welfare Building and Estate Pvt. Ltd., Hubli Branch, 17A/8 4th Floor, Urekha Junction, P.B. Road, Hubli, Dist: Dharwad.

4. The Manager,

Welfare Building and Estatc Pvt., Ltd., Gadag Branch, R/o.Gadag-Betageri, Vakila Chala, Dist: Gadag.

5. K.R. Vijayachandra, Welfare Building and Estate Pvt Ltd,Rept by its incharge /GPA Holder, Shinde Complex, Shop No176,Nilizen Road, Hubli Dist. Dharwad. All the Appellants are Rept by their Authorized

Signatory On behalf of Appellants 1to5 By name Sri.Vidhyasagar Reddy,aged about 43 years, S/o.K.Sudhakar Reddy, R/at.No.135/1-2, Brundavana 2nd floor, Opp ICICI Bank, Amruthahalli, Bangalore-560 092.

6. .

...........Appellant(s)

Versus

1. Abdul Rahaman

S/o. Chamansab Naregal, Aged about 49 years, Occ: business R/o. Kalahakal Oni, Hangal Taluk, Haveri District.

...........Respondent(s)

First Appeal No. A/521/2023

( Date of Filing : 20 Mar 2023 )

(Arisen out of Order Dated 02/07/2022 in Case No. Complaint Case No. CC/169/2020 of District Gadag)

1. The Managing Director,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99), No.7, 1st Floor, Rajarama Mohanroy Tower, Opp: Meghalaya Hotel, Asilmetta, Vishakapattanam-530 003, Fax-666443, Andhra Pradesh.

2. The Managing Director, Vijayaprasada Malla, S/o.Joseph Naidu, Represented by its GPA, Vijayachandra,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99)Corporate Office, 10/1, No. 13/123,Welfare Complex, RTC Complex,Asilmetta, Vishakapattanam-530 003.Andhra Pradesh.

3. The Zonal Branch Manager,

Welfare Building and Estate Pvt. Ltd., Hubli Branch, 17A/8 4th Floor, Urekha Junction, P.B. Road, Hubli, Dist: Dharwad.

4. The Manager,

Welfare Building and Estatc Pvt., Ltd., Gadag Branch, R/o.Gadag-Betageri, Vakila Chala, Dist: Gadag.

Signatory On behalf of Appellants 1to5 By name Sri.Vidhyasagar Reddy,aged about 43 years, S/o.K.Sudhakar Reddy, R/at.No.135/1-2, Brundavana 2nd floor, Opp ICICI Bank, Amruthahalli, Bangalore-560 092.

...........Appellant(s)

Versus

1. Mehaboobi

W/o. Abdul Khadarsaheba Mulgund Aged about 73 years, Occ: Household R/at. Kariyammanakall Extention Gadag,Gagad District.

2. Smt. Noorjahan

W/o. Alisab,Aged about 50 years, Oce: Household R/o Hosapete, Bellary District.

3. Smt.Naseema

W/o. Rajesab Naikara Aged about 49 years, Oce: Household,R/at. Kariyammanakall Extension Adag,Gadag District.

4. Mynuddin

S/o. Abdul Khadarsaheba Mulagund, Aged about 46 years, Occ: Private Work R/o. Hangal Haveri District.

5. Basheer Ahammed

S/o. Abdul Khadarsab Mulgund Aged about 43 years, Occ: Private Work R/at. Hangal, Haveri District.

6. Makbool Ahammed

S/o. Abdulkhadarsaheb Mulgund Aged about 41 years, Occ: Advoatge, R/at. Kariyammanakall Extention, Gadag,Gadag District.

7. Smt. Rajeeya

W/o. Rasheed Ahammed Doddamani Aged about 36 years, Occ: Household R/o. Hangal Haveri District.

...........Respondent(s)

First Appeal No. A/522/2023

( Date of Filing : 20 Mar 2023 )

(Arisen out of Order Dated 02/07/2022 in Case No. Complaint Case No. CC/176/2020 of District Gadag)

1. The Managing Director,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99), No.7, 1st Floor, Rajarama Mohanroy Tower, Opp: Meghalaya Hotel, Asilmetta, Vishakapattanam-530 003, Fax-666443, Andhra Pradesh.

2. The Managing Director, Vijayaprasada Malla, S/o.Joseph Naidu, Represented by its GPA, Vijayachandra,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99)Corporate Office, 10/1, No. 13/123,Welfare Complex, RTC Complex,Asilmetta, Vishakapattanam-530 003.Andhra Pradesh.

3. The Zonal Branch Manager,

Welfare Building and Estate Pvt. Ltd., Hubli Branch, 17A/8 4th Floor, Urekha Junction, P.B. Road, Hubli, Dist: Dharwad.

4. The Manager,

Welfare Building and Estatc Pvt., Ltd., Gadag Branch, R/o.Gadag-Betageri, Vakila Chala, Dist: Gadag.

Signatory On behalf of Appellants 1to5 By name Sri.Vidhyasagar Reddy,aged about 43 years, S/o.K.Sudhakar Reddy, R/at.No.135/1-2, Brundavana 2nd floor, Opp ICICI Bank, Amruthahalli, Bangalore-560 092.

...........Appellant(s)

Versus

1. Mohammed Saleem

S/o. Mohammed Hussain Hombaradi Aged about 50 years, Occ: Business R/o near Matti Masidi, Haveri Haveri District.

...........Respondent(s)

First Appeal No. A/523/2023

( Date of Filing : 20 Mar 2023 )

(Arisen out of Order Dated 02/07/2022 in Case No. Complaint Case No. CC/178/2022 of District Gadag)

1. The Managing Director,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99), No.7, 1st Floor, Rajarama Mohanroy Tower, Opp: Meghalaya Hotel, Asilmetta, Vishakapattanam-530 003, Fax-666443, Andhra Pradesh.

2. The Managing Director, Vijayaprasada Malla, S/o.Joseph Naidu, Represented by its GPA, Vijayachandra,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99)Corporate Office, 10/1, No. 13/123,Welfare Complex, RTC Complex,Asilmetta, Vishakapattanam-530 003.Andhra Pradesh.

3. The Zonal Branch Manager,

Welfare Building and Estate Pvt. Ltd., Hubli Branch, 17A/8 4th Floor, Urekha Junction, P.B. Road, Hubli, Dist: Dharwad.

4. The Manager,

Welfare Building and Estate Pvt., Ltd., Gadag Branch, R/o.Gadag-Betageri, Vakila Chala, Dist: Gadag.

Signatory On behalf of Appellants 1to5 By name Sri.Vidhyasagar Reddy,aged about 43 years, S/o.K.Sudhakar Reddy, R/at.No.135/1-2, Brundavana 2nd floor, Opp ICICI Bank, Amruthahalli, Bangalore-560 092.

...........Appellant(s)

Versus

1. Abdul Gafar,

S/o.Hajaresab Muktessura, Age :45 years, Oce: Teacher, Near New Bus Stand, Haveri, Dist: Haveri.

2. .

...........Respondent(s)

First Appeal No. A/524/2023

( Date of Filing : 20 Mar 2023 )

(Arisen out of Order Dated 02/07/2022 in Case No. Complaint Case No. CC/177/2020 of District Gadag)

1. The Managing Director,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99), No.7, 1st Floor, Rajarama Mohanroy Tower, Opp: Meghalaya Hotel, Asilmetta, Vishakapattanam-530 003, Fax-666443, Andhra Pradesh.

2. The Managing Director, Vijayaprasada Malla, S/o.Joseph Naidu, Represented by its GPA, Vijayachandra,

Welfare Building and Estate Pvt. Ltd., Register No.01-31253(98-99)Corporate Office, 10/1, No. 13/123,Welfare Complex, RTC Complex,Asilmetta, Vishakapattanam-530 003.Andhra Pradesh.

3. The Zonal Branch Manager,

Welfare Building and Estate Pvt. Ltd., Hubli Branch, 17A/8 4th Floor, Urekha Junction, P.B. Road, Hubli, Dist: Dharwad.

4. The Manager,

Welfare Building and Estate Pvt., Ltd., Gadag Branch, R/o.Gadag-Betageri, Vakila Chala, Dist: Gadag.

Signatory On behalf of Appellants 1to5 By name Sri.Vidhyasagar Reddy,aged about 43 years, S/o.K.Sudhakar Reddy, R/at.No.135/1-2, Brundavana 2nd floor, Opp ICICI Bank, Amruthahalli, Bangalore-560 092.

...........Appellant(s)

Versus

1. Mohammed Ismail

S/o. Abdulkhadar Naregal Aged about 50 years, Occ: Business R/oi. Ganganagar, Hangal Taluk, Haveri District.

...........Respondent(s)

BEFORE:
	HON'BLE MR. Ravishankar PRESIDING MEMBER
	HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER

PRESENT:

Dated : 19 May 2023

Final Order / Judgement

19.05.2023

ORDER ON ADMISSION

Mr. RAVISHANKAR, JUDICIAL MEMBER

Appellant not present and not submitted his arguments on admission.

2. On perusal of the appeal, we noticed that there is a delay of 227 days (as per office note) in filing this appeal. The appellant has filed an application u/s 5 of Limitation Act to condone the delay and sworn affidavit that he received the certified copy of the Order in the last week of July 2022 along with entire case file in the Head Office of the appellant No.1 in Vishakapattanam, the same came to be inadvertently misplaced in the office and thereby in order to trace the same a lot of time was consumed. The file traced in the second week of September 2022 and immediately came down to Bengaluru to file the appeal within the given time, he was bed ridden for nearly one month as he was suffering viral fever. After recovery from his illness, he approached his counsel and later his counsel filed the present appeal. The reasons assigned in the affidavit are bonafide and beyond his control. Further submits that he has got very good case on merits and prayed to condone the delay in filing the appeal.

4. On perusal we noticed that the appellant has not produced any piece of material to show that he was suffering from viral fever. The reasons sworn in the affidavit are not satisfactory and not reasonable to condone the delay. The appellant fails to provide valid reasons for delay in filing the appeal. Hence, the appeal is barred by time, as such the appeal is dismissed at the stage of admission.

Sd/- Sd/-

(Sunita .C. Bagewadi) (Ravishankar)

Member Judicial Member

KCS*

[HON'BLE MR. Ravishankar]

PRESIDING MEMBER

[HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi]

MEMBER

Karnataka

StateCommission

A/524/2023

The Managing Director, - Complainant(s)

Versus

Mohammed Ismail - Opp.Party(s)

S Venkatesh

19 May 2023

ORDER

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