Karnataka

StateCommission

A/794/2021

The Housing Commissioner karnataka Housing Board - Complainant(s)

Versus

Rajashekar - Opp.Party(s)

R A Kulkarni

11 Jan 2023

ORDER

                                  Date of Filing : 16.10.2021

Date of Disposal : 11.01.2023

 

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

 

DATED: 11.01.2023

 

PRESENT

 

Mr K B. SANGANNANAVAR: PRI. DIST & SESSIONS JUDGE ( R )-JUDICIAL MEMBER

 

Mrs DIVYASHREE M: LADY MEMBER

 

APPEAL NO.794/2021

 

1.  The Housing Commissioner

    Karnataka Housing Board

    4^th Floor, Kaveri Bhavan

    Bengaluru-560009

 

2. The Assistant Executive Engineer

    Karnataka Housing Board

    Sub Division, KHB Complex

    Sholapur Road, Vijayapura

    (By Mr R A Kulkarni, Advocate)                                   Appellant                                               

 

                                                    -Versus-

Sri Rajashekar

S/o Subashchandra Jalageri

34 years

Occ: Private Work

House No.408, Basav Nilaya

S.R. Colony

Beside Navaras Dance Class

Vijayapura – 586 109                                                      Respondent 
                                                                                                                                                           

   -:ORDER:-

 

Mr K B. SANGANNANAVAR: JUDICIAL MEMBER

 

1.       This is an Appeal filed under Section 41 of Consumer Protection Act 2019 by OPs aggrieved by the Order dated 11.08.2021 passed in Consumer Complaint No.01/2019 on the file of District Consumer Disputes Redressal Commission, Vijayapur (for short, the District Commission).

2.       The Commission examined the Appeal papers, grounds of Appeal, impugned order and heard the counsel for the parties to the Appeal.

 

3.       The brief facts of the case are that Appellant Board acquired land in Sy.No.304/2B in Vijayapura; sites were formed and constructed 20 houses.  The Respondent/Complainant was allotted house No.640, LIG, KHB Layout, 1^st Phase, Kasaba Vijayapur measuring 108 sq. meters and sale deed was registered on 22.02.2014 in his name and even before registering the Sale Deed in favour of Complainant he had inspected the house, had decided to purchase the same, paid the amount, was put in possession on the same day and there is a recital in the sale deed to that effect. Once, sale deed was executed, it is the duty of the purchaser to maintain house. He   raised false complaint and made false allegation against board. He was kept mum for the last three without raising any objection as to the defect or for non providing of the basic amenities, suddenly on 17.01.2017 only after lapse of three years alleged against the Board as there are some cracks in the wall and none of the doors are not properly functioning and there is no basic amenities provided by OPs, claimed compensation of Rs.19,90,000/-.

 

4.       The Commission below, after service of notice to OP, Mr. S.S.Menasagi,  was appointed as litigation conducting Officer, as he was then Asst. Executive Engineer, however he was admitted in hospital for his ailment and he died on 02.06.2021. He was represented by Mr. V.V.Kadi, Advocate and he too died on 18.05.2021.  In such circumstances, the Appellants/Board could not be able to contest the case in timely filing version and lead evidence during the course of enquiry.  In view of this peculiar circumstances, yet another Assistant Executive Engineer, Vijayapura Division appointed as litigation Officer to conduct the case, as  he has taken charge of the Office only on 02.03.2021, immediately filed application seeking permission to file version, which came to be rejected by an order dated 23.04.2021 and proceeded to decide the case.

 

5.       The Commission below accepted Ex-P14, allowed the complaint and directed OPs/Appellants to pay Rs.13,30,000/- along with interest at the rate of 6% per annum and awarded Rs.20,000/- and Rs.10,000/- towards mental agony and litigation costs as against the claim of the complainant/respondent.

 

6.       Learned counsel for the Appellants would submit, Commission below has failed to appreciate the recitals of the registered Sale Deed executed on 22.02.2014 and submits   that such sale deed executed by Board was only after complainant visited the house in question. In other word, he did inspected and verified the house, got allotted in his favour and sale deed came to be executed.  Further would submit complaint is raised during 2019, namely on 03.01.2019, he kept quiet till 17.01.2017.  The house in question was allotted and sale deed was executed ‘as is where is’. The Commission below accepted Ex-P14, expert’s opinion and had directed to pay as concluded without appreciating the date of sale deed and date of complaint.  The commission below in toto accepted the report of expert, as to the allegation about cracks and leakage. Be it as the case may be, since it is shown that Mr. S S Menasagi, Litigation Conducting Officer died due to Covid-19 and counsel Mr. V.V.Kadi, Advocate  also died on 18.05.2021, as per copy of certificate of death in respect of Menasagi Shankarappa, who died on 02.06.2021 and Mr V.V Kadi, as per certificate died on 18.05.2021 and in such circumstances, in our view it would be just and proper to remit back the  matter to the Commission below to reconsider the case to decide afresh affording opportunity to OPs to submit affidavit evidence of present litigation conducting officer and documents to enable  to appreciate and rebut the materials placed on record by the Complainant in accordance with law. In such conclusion, we proceed to allow the Appeal. Consequently, set aside the impugned order dated 11.08.2021 passed in Consumer Complaint No.01/2019 on the file of District Consumer Disputes Redressal Commission, Vijayapura with a direction to readmit the complaint and decide afresh as observed. All contentions are kept open.

 

7.       All contentions are kept open.

 

8.       Amount in Deposit is directed to be transfer to the District Commission for the needful.

 

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

 

         

 

Lady Member                        Judicial Member                       

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