Karnataka

StateCommission

A/1673/2019

M/s Maxworth Realty India Ltd. - Complainant(s)

Versus

B.S.Sudheendra - Opp.Party(s)

Kumar.D.K.

17 Dec 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 17^TH DAY OF DECEMBER 2022

 

PRESENT

 

SRI. RAVI SHANKAR                         : JUDICIAL MEMBER

SMT. SUNITA C. BAGEWADI              : MEMBER

 

Appeal Nos. 1673/2019 to 1677/2019,

1685/2019 & 1686/2019

 

M/s. Maxworth Realty India Ltd. Having its office at KMP House No.12/2, Yamuna Bai Road Madhavnagar, Bengaluru 560 001 Rep. by its Managing Director Sri. Kesava Kolar)   Appellant is common in all the appeals.   (By Sri. Kumar D.K.) V/s	….Appellant
Appeal No.1673/2019 B.S. Sudheendra S/o. B. Srinivasa Rao Assistant Administrative Office (MINS) Jeevan Prakash, Mysore	..…Respondent
Appeal No.1674/2019 Srinivs Shellikeri S/o. Govind R//at No.7, Mathru Krupa, 1st Floor 3rd Temple Street, 13th Cross Malleshwaram, Bangalore 560 003	..…Respondent
Appeal No.1675/2019 H.R. Pradeep, S/o. Ramappa R/at No.628, 5th Cross, 1st Main Road K.G. Nagar, Bangalore 560 057	..…Respondent
Appeal No.1676/2019 Dheeraj Desai S/o. Suresh Laxmanarao R/at No.7, Mathru Krupa 1st Floor, 3rd Temple Street 13th Cross, Malleshwaram Bangalore 560 003	..…Respondent
Appeal No.1677/2019 Nandakishor Joshi S/o. B.N. Joshi R/at No.A-3-0804, Elita Promende J.P. Nagar, 7th Phase Bangalore 560 078	..…Respondent
Appeal No.1685/2019 N.B Srikanth S/o. Byara Reddy R/at No.392, Srikanth Nilaya Anandagiri Extention, 3rd Main Hebbala, Bangalore 560 024	..…Respondent
Appeal No.1686/2019 Rakesh More S/o. Sujith More   Sindhu Vittal W/o. Rakesh More Both are R/at No.S7-1106 Neotown Electronic City Phase II 560 100	..…Respondents

O R D E R

 

BY SRI RAVISHANKAR, JUDICIAL MEMBER

The appellant filed these appeals against the order of issuance of NBW passed in Execution applications by the District Commission as detailed below:

Sl. No.	Appeal No.	Execution Petition No.	District Commission	Impugned Order Date
	1673/2019	84/2016	III Addl. B’lore	18.11.2019
	1674/2019	347/2017	B’lore Urban	11.11.2019
	1675/2019	286/2017	B’lore Urban	12.11.2019
	1676/2019	346/2017	B’lore Urban	02.12.2019
	1677/2019	130/2018	B’lore Urban	11.12.2019
	1685/2019	138/2016	III Addl. B’lore	09.12.2019
	1686/2019	78/2018	I Addl. B’lore	12.12.2019

2. The appellant submits that the decree holders have filed these execution petitions for recovery of the award amount and after filing these applications this Jdr./appellant was paying award amount in instalments, but, due to inevitable circumstances and financial stringencies, freeze of account of appellant they could not make payments to the decree holders for which District Commission issued NBW.  Infact there is only a temporary break for payment of award amount to the decree holders.  Inspite of that District Commission issued warrant against this appellant.  Hence, prays to set aside the order passed by the District Commission and also prays to recall the NBW.  Further at the time of filing appeals the appellant has undertaken to pay award mount every month without fail. 
3. Considering the submission made by the appellant/ Jdr. we have recalled the warrant issued against Jdr. by the District Commission and directed for payment of decreetal amount/ award amount in monthly instalment basis.  But, we noticed after providing the said opportunity, the appellants have not produced any materials to show that they are regular in paying amount to the Dhr. and also not appeared before this Commission to show that whether they are paying award amount to the decree holders or not.  We found that appellants are not obeying the order passed by this Commission.  We found there is no reason to keep appeals pending before this Commission.  As such appeals are dismissed for non-payment of the award amount to the decree holders.  Further, District Commission is hereby directed to recover award amount from the Jdr. as per provisions of Section 72 of Consumer Protection Act, 2019 and dispose of the matter expeditiously.

 

MEMBER                                   JUDICIAL MEMBER

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