BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.

DATED THIS THE 23^rd DAY OF JUNE 2021

PRESENT

MR. RAVISHANKAR                          : JUDICIAL MEMBER

                                                         MRS. SUNITA CHANNABASAPPA BAGEWADI :     MEMBER

APPEAL NOs. 358/2021 TO 361/2021

V/s

V/s

                                                APPEAL NO.360/2021

APPEAL NO.361/2021

                                                                                                         V/s

ORDER ON ADMISSION

1.      The appellants/Opposite Parties have preferred these appeals being aggrieved by the Order dt.22.07.2019 passed in CC.Nos.3043/2017, 3081/2017, 3269/2017 & 3082/2017 on the file of 4^th Additional District Consumer Disputes Redressal Commission, Bangalore.  The appellant in these appeals are one and the same.  Hence, these appeals are taken together and disposed-off by this Common Order.

2.      We shall refer to the parties as per the ranking before the District Commission.

3.      The appellants filed these appeals before this Commission against the exparte order passed by the District Commission at Bangalore and submits that the complainant has filed these complaints against them alleging deficiency in service/ unfair trade practice in not handing over the apartments inspite of time provided as per the agreement and also payment of the amount towards the construction of the apartments.

4.      The District Commission issued notice against the Opposite Parties which was not served on them as because a dispute arose between them and the owner they have forced to close the business and office has been closed since March 2017.  The owner of the project could not resolve land dispute with earlier vendors of the project land and for other reasons forced the appellants to close the construction and they have stopped the construction at the stage of basement level.  When the notice was not served against them, subsequently the District Commission issued a paper publication in Kannada newspaper ‘Udaya Vani’ and other vernacular in which they cannot understand hence, they were unable to appear before the District Commission.  The District Commission subsequently passed an order against them to refund an advance amount paid by the complainant/s with interest and also compensation and costs.

5.      Aggrieved by the said Order, the appellants/ Opposite Parties are in appeal.  Heard the arguments.

6.      The appellants also filed an application u/s 5 of Limitation Act to condone the delay of 594 days in filing the appeals as because the appellants have no knowledge about the Order passed by the District Commission till February 2021 and they came to know from their neighbor that police were searching for them to arrest on account of warrant issued against them in the Execution Petition filed by the complainants.  These appellants were not able to receive the information about the Execution Petition and the Order passed by the District Commission due to prevailed Covid Pandemic.  Hence, the delay in filed these appeals are not intentional, but for bonafide reasons, hence, prayed to condone the delay and admit the appeals by issuing notice to the respondents.   

7.      On going through the memorandum of appeal, affidavit evidence filed by the appellant accompanied with application u/s 5 of Limitation Act, certified copy of the Order and the documents produced before the District Commission by the complainants, we noticed that the complainants have entered into an agreement for purchase of an apartment supposed to be built in Survey No.109 & 109/1, Singasandra Village, Begur Hobli, Bangalore South Taluk, Bangalore District measuring 2 acre 39 guntas and paid some advance amount, but, after receipt of the amount, as per the agreement, they have not completed the project and handed over the apartment.  Subsequently, the respondents have filed complaint before the District Commission for refund of the entire advance amount paid for purchase of the apartment.  The notice was not served against the appellants as they were left the address.  The said fact is admitted by the appellants.  We are of the opinion that the appellants are supposed to inform the complainants with respect to the closure of the projects and also change of address, but, they have not done so.  This clearly goes to show that there is a clear case of deficiency in service on their closing the construction project after execution of the agreement and also not informing the closure of the project.  It is the bounden duty of the appellant to refund the amount when the project was closed, but, they have not done so and simply vacated the office premises without information.  The complainants have taken the steps for appearance of the appellants u/o 5 Rule 20 of CPC by substituted service through paper publication, in Kannada newspaper ‘Udaya Vani’ and Telugu newspaper ‘Andhra Bhoomi’.  Even after these publications, the appellants were not present before the District Commission to take any defence.  We found that there are no any valid reasons assigned in the memorandum of appeal to set aside the order passed by the District Commission.  Further on going through the affidavit sworn by the appellants, they have given a reason of pandemic for not filing the appeal well within time.  We are of the considered opinion that the entire year was not affected by Covid Pandemic, it is only 3-4 months lockdown was announced by Government of India.  Hence, we found that there are no any valid reasons to condone the delay in filing the appeal.  As such on these two grounds, the appeals fail.  Hence, the following;

ORDER

The Appeal Nos. 358/2021, 359/2021, 360/2021 & 361/2021 are dismissed at the stage of admission.

The amount in deposit in all these appeals shall be transmitted to the District Commission for disbursement of the same to the complainant/s.

Keep the original copy of the order in Appeal No.358/2021 and the copy of the same in all the connected appeals.

Forward free copies to both the parties.

               Sd/-                                                                                   Sd/-

MEMBER                                                    JUDICIAL MEMBER

KCS*