Date of Filing :03.05.2024

Date of Disposal :10.06.2024

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

DATED:10.06.2024

PRESENT

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

Mrs DIVYASHREE M:LADY MEMBER

APPEAL No.1289/2024

Smt. P.S.Roopa

W/o Sri. P.S.Sathishkumar

Aged about 46 years

Residing Near Maruthi Textiles

Main Road, Gowribidanur

Gowribidanur Taluk

Chikkaballapura District

Represented by her GPA Holder

Sri.P.S.Sathishkumar

(By Mr.T.N.Vishwanatha, Advocate)                               Appellant   

-Versus-

Shree Sapthamathirka Developers

Represented Sri Srivastha

Proprietor

No.53, ‘Sri Chamber’

2^nd Floor, Opp. Nettakalappa Bus Stand

Subbarama Chetti Road

Basavanagudi

Bengaluru-560 004                                                      Respondent
                            

-:ORDER:-

Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:

1.       This is an Appeal filed under Section 73(1) of Consumer Protection Act, 2019 by Complainant/Decree Holder questioning the validity of the order dated 06.04.2024 passed in Execution Petition No.117/2023 on the file of District Consumer Disputes Redressal Commission, Mysuru (for short, the District Commission).

2.       The matter is set to hear on admission.

3.       The learned counsel for Appellant/Decree Holder submitted although the District Commission in CC No.1154/2016 directed J.Dr/OP to collect Rs.548/- per sq. ft to register the site measuring 30’ X 40’ situated at Shree Sapthamathrika Layout, 6^th Stage, Mysuru.  The District Commission, while in executing this order in EA No.117/2023, directed Decree Holder to pay Rs.1,022.30 per sq. ft. It is submitted such direction would be contrary to its own award. It is further submitted even the J.Dr has not made an application to that effect and the executing Commission imported such figures on its own is contrary to the award dated 30.10.2021.  It is shown by the appellant/Dhr that Executing Commission even without recording sound reasons summarily directed to pay such an amount contrary to the award is nothing but perverse and is not sustainable under law.

In the above such circumstances, it would be appropriate to set aside the order dated 06.04.2024 passed in Execution Petition No.117/2023 to examine as to why Decree Holder has to pay Rs.1,022.30 per sq. ft as against Rs.548/- per sq. ft awarded in CC No.1154/2016 dated 30.10.2021.  Accordingly, we direct the   District Commission to decide the EA No.117/2023 affording opportunity to both parties and it is needless to say in accordance with law as early as possible not later than 3 months from the date of receipt of this order. The Commission, hereby dispense with issuance of notice of this appeal to the respondent to avoid further delay.  Accordingly, Appeal stands disposed off. 

Send copy of this Order to the District Commission and the parties concerned.

                  Lady Member                            Judicial member

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