Date of Filing : 15.06.2021

Date of Disposal: 01.07.2021

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:1st JULY 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT

 

Mr KRISHNAMURTHY B. SANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

APPEAL No451/2021

 

M/s. The Amara Jyothi House

Building Co-operative Society Ltd.,

No.40, MNK Rao Road

Basavanagudi

Bengaluru-560 004

Rep. by its Secretary

(By Mr K S Venkataramana)                                                 Appellant

                                                  :-Versus-:

Mrs Mukta D Hegde

W/o Mr  Dinesh Chandra Hegde

Aged about 57 years

R/at No.973, Vijaya Bank Layout

MSRS Nagar

Bannerghatta Road

Bengaluru-560 076                      Respondent

-:ORDER:-

 

Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT

 

1. This Appeal is filed under Section 73 of CP Act 2019, aggrieved by the Order dated 25.01.2021 passed by II Additional District Consumer Disputes Redressal Commission, Bengaluru in Execution Petition No.02/2021.

 

2. Considering the Impugned Order and on perusal of the records produced along with the Appeal Memo, service of Notice to the Respondent in this Appeal stands dispensed with.

 

3. Heard the Learned Counsel for the Appellant

 

4. The Consumer Complaint No.1799/2008 filed by the Complainant was allowed on 30.01.2009 by the said District Commission and direction was given to the OP to register and allot a  site measuring 60’ X 40’ in Kothanur layout or in any other Layout formed by the OP Society within 2 months from the date of the Order and in the event of non-allotment of site, OP is directed to refund a sum of Rs.87,627/- to the Complainant with interest @ 15% p.a from 29.05.2021 till payment with compensation of Rs.1,00,000/- with cost of Rs.5,000/-. 

 

5. Aggrieved by the said Order, OP preferred Appeal No.599/2019 on 27.02.2009 and same was dismissed on 22.12.2009 and amount of Rs.75,000/- deposited by this Appellant in the Appeal was transferred to the District Commission for disbursement to the Respondent/Complainant. However, Complainant had filed EP No.22/2017on 24.01.2017 and EP was closed on 04.11.2020 as the DHr had not taken steps against JDr.  Thereafter, Complainant again filed EP No.02/2021 on 25.01.2021 and on service of cause notice, JDr entered appearance. 

 

6. When the matter stood thus, the JDr has preferred the present Appeal, contending amongst other grounds, that District Forum ought to have dismissed the Execution Petition on the groundof Limitation, since after closing of EP on 24.01.2017, again Complainant filed EP 02/2021on 25.01.2021. 

 

7. According to JDr, during the pendency of EP 22/2017, the Appellant had filed WPNo8340/2017 (GM-CON) on the file of Hon’ble High Court of Karnataka and the High Court was pleased to stay the execution Proceedings.   Therefore, Appellant seeks to stay further proceedings in the Execution Proceedings and Criminal proceeding initiated against this Appellant by the District Commission is liable to be quashed.

 

8. Thus, after the Writ Petition filed by JDr before Hon’ble High Court of Karnataka against the Order passed in EP No.22/2017 by the District Commission and Hon’ble High Court of Karnataka stayed the said order on 27.02.2017 for a period of 6 weeks and on 30.05.2017, interim order extended till the next date.  Thereafter, no further extension of Stay or any Order is produced before this Commission.  In the circumstances, we are of the considered view that when the matter is pending before the District Commission and no penalty is imposed; an opportunity is afforded to the JDr to make the same submission in the Execution Proceedings.  Hence, on this ground alone this Appeal stands Dismissed

 

 

9. Send a Copy of this Order to the District Commission as well as to the parties concerned, free of cost immediately.

 

Lady Member Judicial Member                       President

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