Karnataka

StateCommission

RA/70/2023

CENTRAL GOVERNMENT EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD - Complainant(s)

Versus

SMT. MEDHA NAIK - Opp.Party(s)

CHIDANAND KULKARNI

18 Jan 2024

ORDER

Date of Filing:22.06.2023

Date of Disposal:18.01.2024

 

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

 

DATED:18.01.2024

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR : JUDICIAL MEMBER

 

Mrs DIVYASHREE M :  LADY MEMBER

 

REVIEWAPPLICATIONNo.70/2023

 

Central Government Employees

Housing Co-operative Society Ltd.,   

Rep. by its President     

Sri Y S Eranna

No.134, 2^nd Floor

K N Complex

11^th Cross, Temple Road

Malleshwaram

Bengaluru -560 003                                                           Petitioner

(By Mr Chidananda Kulkarni, Advocate)

         

              -Versus-

 

Smt Medha Naik

W/o Sri Visweswaraiah

Aged about 42 years

Residence at No.B-22

Magnolia B

Tata Sherwood Apartments

Basawanagar Main Road

Marathalli, Bengaluru-560 022                                         Respondent

 

: ORDER :

 

Mrs DIVYASHREE M :  LADY MEMBER

 

 

01.     This Review Petition is filed under Section 50 of Consumer Protection Act 2019, by the OP to review the Order dated 19.04.2023 passed in Consumer Complaint No.117/2020 by this Commission.

 

02.     Heard the arguments of Review Petitioner on Admission. Considering the nature of the case, issue of notice to the Respondent is dispensed with a view to avoid further delay.

03.     The Learned Counsel for the Petitioner contended that U/s 34(1) & 47(1)(a)(i) of CP Act 2019, the Complaint filed by the Complainant lacks pecuniary jurisdiction of the Commission.  Further contended that, the Commission ought to have considered the Application filed u/s 34(1) & 47(i)(a)(i) of the CP Act 2019 filed by the OP on 10.08.2022 before disposing of the case.  Therefore, the Order of the Commission is an error apparent on the face of it and needs to be rectified as provided under section 50 of CP Act.

 

04.     This Commission perused the Memorandum of Facts submitted on behalf the Petitioner by of the learned counsel and secured records of CC No.117/2020.

05.     It is to be noticed that one Mrs Medha Naik initiated a Complaint against the OP on 16.06.2020, seeking refund of site amount of Rs.16,82,400/- paid by her and sought interest @ 18% p.a along with Compensation and Cost, which she has works out Rs.54,24,556/-.

06.     On perusal of the Proceedings in the hearing of the Complaint, it is seen that OP entered appearance on 08.10.2020 and thereafter, neither filed his Version nor Affidavit Evidence for the reasons best known to him and even not contested the case on merits by producing cogent evidence.   The Commission on 16.12.2021 after hearing the Arguments of the Learned Counsel for the Complainant, reserved the matter for Orders. While things were so, OP had filed an IA u/s 34(1) & 47 (i)(a)(i) of CP Act 2019 and the Learned Counsel for Complainant also filed objection to the said IA.

07.     This Commission on going through the subject IA and objection, took up the matter on merits, as the Application was not maintainable, allowed the Complaint in part on 19.04.2023 and directed the OP to pay sum of Rs.16,82,400/- with interest @ 12% p.a from the date of payment till realisation, together with compensation of Rs.1 lakh and costs of Rs.25,000/-to be paid to the Complainant within 60 days.  In case, OP fails to comply the order within the said period, the above said amount of Rs.16,82,400/- shall carry interest @ 6% p.a from the Date of the Order, till realisation.

08.        It will be relevant to take note of the fact that this Commission received the Consumer Complaint No.117/2020 on 16.06.2020, as such Consumer Protection Act, 1986 shall apply not the Consumer Protection Act 2019 which came into force w.e.f 20.07.2020. Hence, State Commission gets pecuniary jurisdiction to entertain the complaint filed on 16.06.2020.

09.   Under the circumstances, now the point for consideration which is before us, is whether review Petition filed on 22.06.2023 is maintainable as per provision under section 50 of Consumer Protection Act, 2019 to review the order of this Commission for the ground set out in this Review Application.

10.     Thus the Review Petitioner ought to have participated in the proceedings at all stages, whereas, after a single appearance on 08.10.2020, thoroughly failed to participate in the proceedings  by filing any of the stipulated documents, viz., Version, Written Arguments etc.,. After his failure to participate in the proceedings, for the reasons best known to him, suddenly cannot wake up from his slumber and challenge the various developments that have taken place, that too, when the Order in CC No.117/2020 has attained its finality and the Complainant had preferred an Execution Petition for dis-obedience. Now Petitioner cannot questioning the pecuniary jurisdiction under Section 34(1) & 47 (i) (a) (i) of CP Act 2019, it cannot be acceptable.  The contention of the learned counsel for the Petitioner that the Commission failed to decide on IA filed under Section 34(1) & 47 (i) (a) (i) of CP Act 2019  read with section 151 of CPC has to be held untenable and it cannot be said that not considered by the Commission.  This Commission also would like to remind the Review Petitioner that as per well accepted legal position and the principle that  “no one can take shelter under his own mistake”, this Petition has no legs to stand. Section 50 of CP Act 2019 provides for - to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order. The award passed by the commission is under CP Act, 1986.  Hence, we find no scope to review the order dated 19.04.2023 passed in CC No.117/2020 by this Commission.  Accordingly, Review Petition Dismissed as not admitted.

 

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

 

Lady Member                    Judicial Member                        President

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