Karnataka

StateCommission

A/1681/2019

M/s Royal Enclave - Complainant(s)

Versus

Samit Shankar shetty - Opp.Party(s)

B.Siddeswara

11 Mar 2024

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/1681/2019
( Date of Filing : 13 Dec 2019 )
(Arisen out of Order Dated 17/10/2019 in Case No. EA/163/2010 of District Bangalore 1st & Rural Additional)
 
1. M/s Royal Enclave
A partnership Firm, Rep. by its Partner, V.Bhaskar Reddy, at No.895/1, Skanda, 14th cross, Mahalakshmi layout, Bangalore-560086
Karnataka
...........Appellant(s)
Versus
1. Samit Shankar shetty
Aged about 45 years, S/o S.K.M.Shetty, R/a No.312, Skyline Surabhi Apartments, 14-P, Vidyapeeta road, B.S.K. 2nd stage, Bangalore-560085
Karnataka
...........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 : 11 Mar 2024
Final Order / Judgement

Dtd.11.03.2024                      A/1679, 1680 & 1681/2019

 

COMMON ORDER IN A/1679, 1680 & 1681/2019

 

      BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

  

  1. These appeals are filed by Appellant namely one of the Jdr aggrieved by the impugned order dated 17.10.2019 passed in EA/105/2011, EA/117/2010 and EA/163/2010 on the file of 1st Addl., District Forum, Bengaluru urban.  

 

  1. These appeals are filed U/s.27A of CPA 1986 which provides for appeal against the order passed U/s.27. Sec.27 of CPA 1986 provides for penalties.

 

  1. The Commission examined the impugned order in all these appeals, are almost similar, wherein Executing Forum ordered to issue NBW and proclamation, against accused namely Mr.V.Bhaskar Reddy. Hence the Executing Forum directed Office to write D.O letter to the Commissioner of Police requesting to direct their officials to arrest and produce said accused/Bhaskar Reddy, as he is evading NBW of the Forum and direct concerned police to report that the said accused is roaming in and around the City Civil court, State Commission, Urban Forum, Cauveri Bhavan, BWSSB building, Bengaluru. It is these orders assailed in these appeals, which could be said not a final order passed by the District Forum to prefer appeal U/s.27A of CPA 1986. In other words, the Executing Forum is still to hold an enquiry, by securing presence of the Jdr as to how the amount under award has to be satisfied in favour of Dhr following the procedure known to law. In such circumstances, these appeals are hereby summarily dismissed as not maintainable with no order as to cost.

 

  1. Send a copy of this Order to the District Commission and parties to the appeal.

 

                                     Judicial Member

*NS*  

 
 
[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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