BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.
R.P.No.31/2014 against I.A.No.404/2013 in E.A.No.35/2012 in C.C.No.275/2011, District Forum-I, Hyderabad.
Between:
Anu Estates & Developers Pvt. Ltd.,
Rep. by its Managing Director,
Sri N.Srini Reddy, aged about 43 years,
Occ:Business, office at 274/A,
M.L.A.Colony, Road No.12, Banjara Hills,
Hyderabad, now presently residing at
Flat No.314, Pruthvi Block,
My Home Navadeep, Near Cyber
Towers, Hitech city, Hyderabad. ..Rev.Petitioner/
Opposite party
G.Sitarama Rao
S/o.Krishna Murthy sastry
Aged about 63 years,
Occ:Retd. Employee,
R/o.Plot No.41, Public Sector
Employees Layout, Old Airport
Road, Boinpally, Secunderabad. Respondent/
Respondent.
R.P.No.33/2014 against I.A.No.406/2013 in E.A.No.37/2012 in C.C.No.277/2011, District Forum-I, Hyderabad.
Between:
Anu Estates & Developers Pvt. Ltd.,
Rep. by its Managing Director,
Sri N.Srini Reddy, aged about 43 years,
Occ:Business, office at 274/A,
M.L.A.Colony, Road No.12, Banjara Hills,
Hyderabad, now presently residing at
Flat No.314, Pruthvi Block,
My Home Navadeep, Near Cyber
Towers, Hitech city, Hyderabad. ..Rev.Petitioner/
Opposite party
M.V.Ramana Rao,
S/o.M.L.N.Sastry, aged about 70 years,
Occ:Retd.Employee,
R/o.PlotNo.287, Green Field Colony
Kanajiguda, Tirumalagiri,
Secunderabad. Respondent/
Respondent.
R.P.No.34/2014 against I.A.No.407/2013 in E.A.No.38/2012 in C.C.No.278/2011, District Forum-I, Hyderabad.
Between:
Anu Estates & Developers Pvt. Ltd.,
Rep. by its Managing Director,
Sri N.Srini Reddy, aged about 43 years,
Occ:Business, office at 274/A,
M.L.A.Colony, Road No.12, Banjara Hills,
Hyderabad, now presently residing at
Flat No.314, Pruthvi Block,
My Home Navadeep, Near Cyber
Towers, Hitech city, Hyderabad. ..Rev.Petitioner/
Opposite party
G.Sitarama Rao
S/o.Krishna Murthy sastry
Aged about 63 years,
Occ:Retd. Employee,
R/o.Plot No.41, Public Sector
Employees Layout, Old Airport
Road, Boinpally, Secunderabad. Respondent/
Respondent.
Counsel for the Petitioner: M/s Gopi Rajesh & Associates.
(common in all R.Ps.)
Counsel for the Respondent:M/s.G.Rama Sharma
QUORUM: HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT.
AND
SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER.
MONDAY, THE SEVENTH DAY OF JULY,
TWO THOUSAND FOURTEEN
Oral Order ( Per Hon’ble Sri Justice Gopalakrishna Tamada, President.)
***
As the point involved in all these matters is one and the same, these revisions are disposed of by this common order.
These revisions are directed against the orders in I.A.No.404/2013 in E.A.No.35/2012 in C.C.No.275/2011, I.A.No.406/2013 in E.A.No.37/2012 in C.C.No.277/2011 and I.A.No.407/2013 in E.A.No.38/2012 in C.C.No.278/2011, dated 14-3-2014on the file of District Forum-I, Hyderabad wherein the District Forum directed the petitioner to pay awarded amount at the rate of Rs.2,00,000/- per month till realization of entire amount in each case. Petitioner/Opposite party was further directed to pay monthly instalment by the end of 5th of every month and the petitioner has to pay agreed amount of instalment by the next date of hearing in the main E.A. i.e. 20-3-2014 and for non payment of single instalment, the orders shall stand cancelled and the complainant will be entitled to proceed against the petitioner/opposite party for realization of the awarded amount.
The brief facts are that because of the disputes between the parties, the complainant approached the District Forum and filed C.Cs. claiming refund of the amount paid with interest, compensation etc., After detailed enquiry, the same was allowed and the said order has become final. Pursuant thereto in execution thereof, petitions were filed U/s.27 of the Consumer Protection Act,1986. The same were numbered as E.A.No.35/2012, 37/2012 and 38/2012. The District Forum having considered the submissions made by the parties, directed the opposite parties to pay the entire decreetal amount at the rate of Rs.2 lakhs per month.
Aggrieved by the said order and stating that the petitioner cannot pay the said amount, the revision petitioner approached this Commission and filed these Revision Petitions.
This Commission while ordering notice to the respondent granted interim stay of all further proceedings, however, on condition that the petitioner/opposite party deposit an amount of Rs.1,50,000/- every month in each case. However, the said order was not complied with and the petitioner herein expressed his readiness to proceed with the case.
Heard. After perusing the entire record, we are of the view that the District Forum was justified in granting instalments at the rate of Rs.2 lakhs in each case to be paid to the complainant. However, as the counsel for petitioner expressed difficulty, we reduce the said amount from Rs. 2 lakhs to Rs. 1.5 lakhs in each case and as the balance amount which has to be paid by the petitioner to the respondent in these 3 matters is about Rs 4 lakhs and odd each, the first instalment shall be paid at the rate of Rs.1.50,000/- lakhs before 10th of August, the second instalment shall be paid before 10th of September, and the third instalment i.e. the entire amount shall be paid by 10th October. If any of these conditions are not complied with, it is made clear that the District Forum is at liberty to proceed in accordance with Section 27 of the C.P.Act, 1986.
Accordingly these revision petitions are disposed of. There shall be no order as to costs.
Sd/-PRESIDENT.
Sd/-MEMBER.
JM Dt.07-7-2014.
