Karnataka

Kolar

CC/25/2019

K.Narayanaswamy - Complainant(s)

Versus

V.R.Roa Avas - Opp.Party(s)

Sri.S.Sathish

10 Jan 2020

ORDER

Date of filing: 21.03.2019 & 22.03.2019

Date of Disposal: 10.01.2020

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 10^th DAY OF JANUARY 2020

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

COMMON ORDER IN C.C. NO. 25, 27 & 28 OF 2019

C.C.NO.25 OF 2019

K. Narayanaswamy,

S/o. B. Krishnappa,

Aged About 49 Years,

R/at: Muduvathi Village & Post,

Vokkaleri Hobli,

Kolar Taluk, Kolar District                                          ….  Complainant.

(Rep. by Sri. S. Sathish, Advocate)

 

C.C.NO.27 OF 2019

Sri Ningaraju. K.Y,

S/o. Yellaiah,

Aged About 44 Years,

B.Kodihalli, Athikatte Post,

Kadaba Hobli Gubbi Taluk,

Tumkur District-572102.                                                  ….  Complainant.

(Rep. by Sri. S. Sathish, Advocate)

 

C.C.NO.28 OF 2019

Sri. D.M. Srinivasappa,

S/o. Doddamuniyappa,

Aged About 52 Years,

Hollamballi Village,

Shapur Post, Huttur Hobli,

Kolar Taluk & District-563101.                                      ….  Complainant.

(Rep. by Sri. S. Sathish, Advocate)

- V/s -

1) V.R. Rao Avas,

Chairman, Agri Gold

Farm Estates India Pvt. Ltd.,

4^th Floor, Catholics Complex,

Vijayavada.

(Exparte)

2) A. Seetharama Rao,

S/o. Late Venkata Appa Rao,

Aged About 48 Years,

(Exparte)

 

3) A. Uday Bhaskar Rao,

Aged About 2 Years,

Respondent 2 and 3 are

Resident of:

R/at 4^th New No.110,

Block No.48, 2^nd Floor,

KH Road, Sudhamanagara,

Bangalore-27.

(Exparte)

 

4) The Manager,

Agri Gold Fortune Swarna,

#304, 1^st Floor, Ward No.22,

Brahmin’s Street,

Sharada Talkies Road,

Kolar Town, Kolar.

(Exparte)        

(In all the above three cases OPs are same)                     ….. Opposite Parties.

: COMMON ORDERS :

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant in the above said three cases filed consumer complaint against the Ops.  In CC No.25/2019, the complainant prays to direct the Ops to return the plot amount of Rs.3,59,910/-, in CC Nos. 27/2019 & 28/2019 the complainants prays to return the plot amount of Rs.3,60,000/- with interest @ 24% per annum or direct the OPs to execute sale deed of their plot and grant such other reliefs with costs.

 

 

02.   The brief facts of the above said cases are that, the opposite party i.e., Agri gold Farm’s Limited having its main office at Vijayavada and branch office at Kolar, the venture is located at Begthamangala Road, Near Nadupalli Village.  OP Nos.2 & 3 are the purchasers.  One A. Seetharam Rao i.e., OP No.2 purchased land bearing Sy. Nos.108/1, 108/2, 108/3, 108/4, 108/5, 67, 72/1, 72/2, 72/3, 72/4, 72/5 totally to an extent of 10.05 Acres situated at Nadupalli Village, Huttur Hobli, Kolar Taluk, and OP No.3 Sri Uday Bhaskar Rao has purchased 15.35 acres of land on 14.05.2008 in Kolar, from the vendors and obtained RTC, Mutation and other revenue documents in their favour.  The OPs applied for conversion of the land before the concerned authority and obtained conversion of the said lands from agriculture to non-agriculture i.e. for residential purpose vide order No. ALN SR(K) 464/2007-08, 466/2007-088, 462/2007/08, 105/2008-09, dated: 21.04.2008 and 02.02.2009 issued by the Deputy Commissioner, Kolar.  After obtaining conversion order they formed residential layout and obtained Approved Layout Plan issued by the town planning authority KUDA vide No.03/2010-11 dated: 22.11.2010 by the Commissioner of Town Planning Authority, Kolar.  The vendor sell the plot for sale consideration amount of Rs.3,29,642/-.  The OP No.3 in CC No.25/2019 and OP No.4 in CC Nos.27 & 28 of 2019 approached the complainant and explained regarding the benefits of their units and assured that, if they invest the said amount, they will allot a site near Nadupalli, Bethamangal to Kolar Road.  The complainant in CC No.25/2019 has invested Rs.3,59,910/- on 18.12.2014 at Fortune Swarna at Kolar Branch and the OP issued Plot Allotment Letter vide site No.147; the complainant in CC Nos.27 & 28/2019, invested Rs.3,60,000/- each at Fortune Swarna at Kolar Branch, on various dates vide plot No.424 and 136 respectively. 

 

02(a).       The complainant in the above cases approached Branch office to execute sale deed, but in vain and OPs in the above cases also not returned the amount. The complainant in the above cases produced the receipts for payment of the amount.  The complainant in CC No.25/2019 has also produced plot allotment letter.  The OPs evading to execute the sale deed nor returned the amount and the complainant in the above cases filed Consumer Complaint before this Forum.

 

03.   The complainant in the above said cases filed IA No.I Under Section 5 of Indian Limitation Act and the complainant filed affidavit in support of the said IA No.I.

 

04.   The OPs did not appear before the Forum in spite of paper publication and they remained absent and are placed exparte.

 

05.   The complainant in the above said cases has filed their affidavit evidence by way of examination-in-chief. 

 

06.   In CC No.25 of 2019 the complainant has filed 02 documents along with the complaint:-

(i) Xerox copy of Plot Allotment Letter dt: 18.12.2014.

(ii) Xerox copy of receipt dated: 23.09.2015

 

07.   In CC No.27 of 2019 the complainant has filed 03 documents along with the complaint:-

(i) Xerox copy of Receipt dated: 31.03.2012

(ii) Xerox copy of Receipt dated: 18.04.2012

(iii) Xerox copy of Receipt dated: 31.05.2012

 

08.   In CC No.28 of 2019 the complainant has filed 02 documents along with the complaint:-

(i) Xerox copy of Receipt dated: 31.03.2011

(ii) Xerox copy of Receipt dated: 29.07.2011

 

09.   Heard arguments of the complainant side.

10.   Now the Points that do arise for our consideration are that:-

1. Whether the complainant in CC Nos.25/2019, 27/2019 and 28/2019 made out case to condone the delay in filing the above complaint and allow IA No.I filed Under Section 5 of the Indian Limitation Act as prayed?

 

2.  What order?

 

11.   Our findings to the above points are that:-

 

POINT No.1:            Is in the Negative.

 

POINT No.2:            As per final order for the

following:-

 

REASONS

POINT No.1 :-

12.   The complainant in the above said cases filed IA No.I Under Section 5 of the Indian Limitation Act, to condone the delay in filing the above complaint and to support the said IA No.I the complainant in the above said cases filed their affidavit and sworn that, there is a delay in filing the above complaint as the OPs were in judicial custody in some other cases, as such the complainant could not secure documents from the OPs and recently OPs have released from the Jail and thereafter also the OPs failed to execute the sale deed and as such there is a delay in filing the complaint.  But to support the said fact the complainant has not at all produced any scrap of document to show that, the OPs were in the judicial custody and were released recently to substantiate the said fact as contended by the complainant.  The complainant in CC No.25/2019 has stated that, the cause of action arise on 20.12.2014 and the complainant in CC Nos.27 & 28/2019 stated that, the cause of action arise on 31.03.2012. 

 

13.   At this juncture it is relevant to state here that, as per Section 24A of Consumer Protection Act, 1986 the consumer complaint is to be filed within two years from the date of cause of action, but the complainant in CC No.25/2019 and in CC No.27/2019 have filed the above said complaint on 21.03.2019 and in CC No.28/2019 the complainant filed the complaint on 22.03.2019 and there is an inordinate delay of about 04 years 03 months 01 day in CC No.25/2019 and CC No.27/2019;  And 06 years 11 months 20 days in CC No.28/2019.  The complainant in the above cases have not stated sufficient cause and reasons to condone the said delay and the complainant has also not at all stated how many days of delay in filing the complaint and so also each days delay is also not stated in the affidavit filed in support of IA No.1 and the said IA filed by the complainant in the above said cases is bald application.

 

14.   Further it is relevant to state here that, party is not entitled to the condonation of delay as a matter of right as held by the Hon’ble National Commission reported in 2019(4) PCR Page-386 and we also relay another citation in the same judgment at Page-622 of Hon’ble National Commission.  Hence as discussed above, the complainant in the above said cases failed to make out sufficient cause and justifiable reasons to condone the delay and the said complaint filed by the complainant is not maintainable and hence question of going through on merits of the case does not arise.

 

15.   Hence as discussed above, the complainant has failed to make out sufficient cause and grounds to allow the IA No.1 as the said complaint is barred by limitation and accordingly we answer point No.1 is in the negative.

 

POINT (2):-

16.   In view of the above discussion on Point No.1 we proceed to pass the following:-

 

 

 

ORDER

01.   The IA No.I filed by the complainant Under Section 5 of the Indian Limitation Act in C.C. Nos. 25/2019, 27/2019 and in CC No.28/2019 are hereby dismissed and consequently the complaint filed by the complainant in CC Nos.25/2019, 27/2019 & 28/2019 are hereby dismissed.

02.   The original of this order shall be kept in C.C. No.25/2019 and a certified copy thereof shall be kept in C.C. No.27/2019 and in CC No.28/2019.

03.   Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 10^th DAY OF JANUARY 2020)

 

 

   LADY MEMBER                         PRESIDENT