Vani Vilasa Mohalla House Building Co-operative Society & one another V/S Sri. B.k. Anantha Murthy - Consumer Court Case

Karnataka

Mysore

EA/05/29

Sri. B.k. Anantha Murthy - Complainant(s)

Versus

Vani Vilasa Mohalla House Building Co-operative Society & one another - Opp.Party(s)

29 Jul 2005

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009.
Execution Application(EA) No. EA/05/29

Sri. B.k. Anantha Murthy						...........Appellant(s)
Vs.
Vani Vilasa Mohalla House Building Co-operative Society & one another						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

Complainant present in person. The secretary of the o.p. named Chandrashekar is present in person and again requested time to file objection. The complainant sriously objection. The complainant seriously objected for granting further time and insisted that this execution should be proceeded. Hence, the time sought by the o.p. is rejected. Complainant has filed this execution under section 25(3) of the C.P. Act, 1986, seeking execution of order passed by this Forum in C.D. NO.154/03. As per the said order, o.p. was directed to issue a final allotment letter within a period of 6 months and also give credit to the interest etc., As o.p. has failed to comply with the conditions mentioned in para No.1 to 4 of the order, the complainant is entitled for the alternative relief as mentioned in para 5 of the order. In view of the above facts, we proceed to pass following order. ORDER The execution is transfer to the Deputy Commissioner, Mysore Under section 25(3) of the C.P. Act 1986 for recovery of the amount of Rs.35,000/- wtih interest at the rate of 18% p.a. from the date of deposit that is as under: 1. 10.04.1993 Rs. 5,000/- 2. 28.09.1993 Rs. 10,000/- 3. 27.04.1994 Rs. 5,000/- 4. 10.10.1995 Rs. 5,000/- 5. 07.08.1996 Rs. 5,000/- 6. 13.08.1996 Rs. 5,000/- ---------------- Total Rs. 35,000/- The complainant is also entitled to recover Rs.5,000/- towards damages. Issue necessary certificate.

Complainant present in person. The secretary of the o.p. named Chandrashekar is present in person and again requested time to file objection. The complainant sriously objection. The complainant seriously objected for granting further time and insisted that this execution should be proceeded. Hence, the time sought by the o.p. is rejected. Complainant has filed this execution under section 25(3) of the C.P. Act, 1986, seeking execution of order passed by this Forum in C.D. NO.154/03. As per the said order, o.p. was directed to issue a final allotment letter within a period of 6 months and also give credit to the interest etc., As o.p. has failed to comply with the conditions mentioned in para No.1 to 4 of the order, the complainant is entitled for the alternative relief as mentioned in para 5 of the order. In view of the above facts, we proceed to pass following order. ORDER The execution is transfer to the Deputy Commissioner, Mysore Under section 25(3) of the C.P. Act 1986 for recovery of the amount of Rs.35,000/- wtih interest at the rate of 18% p.a. from the date of deposit that is as under: 1. 10.04.1993 Rs. 5,000/- 2. 28.09.1993 Rs. 10,000/- 3. 27.04.1994 Rs. 5,000/- 4. 10.10.1995 Rs. 5,000/- 5. 07.08.1996 Rs. 5,000/- 6. 13.08.1996 Rs. 5,000/- ---------------- Total Rs. 35,000/- The complainant is also entitled to recover Rs.5,000/- towards damages. Issue necessary certificate.