Karnataka

StateCommission

RA/20/2020

M/s GM Terrace Apartment Residents Welfare Association(Regd), - Complainant(s)

Versus

M/s GM Property Developers Pvt. Ltd. - Opp.Party(s)

K.S.Raghuram

15 Sep 2023

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
Review Application No. RA/20/2020
( Date of Filing : 17 Nov 2020 )
In
Complaint Case No. CC/123/2012
 
1. M/s GM Terrace Apartment Residents Welfare Association(Regd),
Rep. by its President V.S.Badari, S/o Late V.A.Singarachari, Having office at: GM Terrace, 3rd Main, 3rd cross, V stage, I phase, RR Nagar, Bengaluru-560098
...........Appellant(s)
Versus
1. M/s GM Property Developers Pvt. Ltd.
Rep. by its Managing Director T.G.Mruthyunjaya, Situated at GM Rejoyz, 158/1, 8th cross, 8th Main, Malleswaram, Bengaluru-560003
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT
 HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 15 Sep 2023
Final Order / Judgement

15.09.2023                                            RA/20/2020

O R D E R

       HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Learned Counsel for review applicant is present and prays to set aside the order dtd.25.07.2019 passed in CC/123/2012 wherein the complaint case came to be dismissed for default, and explained sufficient cause for non-appearance before the Forum.

Perused the proceedings in CC/123/2012, wherein we found, the Forum has imposed cost of Rs.6,000/- on OP for allowing his application to file version and for non-appearance, and accordingly OP has paid Rs.4,000/- to the Complainant and Rs.2,000/- towards cost. Further found, OP files his affidavit evidence. Complainant has marked documents as Ex-C1 to C10 and files written arguments. Thereafter this Forum heard on the Complainant and posted the matter for orders on 26.06.2018. However, on 25.07.2019 the Forum dismissed the complaint for default.

 

Heard. On going through the proceedings in consumer complaint and reasons sworn in review application, we found satisfied to restore the complaint case by setting aside the order dtd.25.07.2019 by condoning the delay of 96 days in filing RA for the reasons sworn therein. Accordingly RA/20/2020 is allowed with a direction to the office to list CC/123/2012 on 20.11.2023 to hold further enquiry.

 

Send a copy of this Order to parties to the petition.

 

 

        LM                           JM                   President

 

 

 

 

 
 
[HON'BLE MR. JUSTICE Huluvadi G. Ramesh]
PRESIDENT
 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
JUDICIAL MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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