BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.
DATED THIS THE 9th DAY OF NOVEMBER 2021
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL No. 796/2021
M/s Maxworth Realty India Limited, A Company registered under companies Act, Having its office at KMP House, No.12/2, Yamuna Bai Road, Madhavanagar, Bengaluru 560 001, Rep. by its Managing Director Sri Kesava Kolar. (By Smt. U.M. Mamatha) | ……Appellant/s |
V/s
Sri Bibhas Mitra, S/o Biprajit Mitra, Aged about 43 years, Permanent R/o No.C-347, Rajajipuram, Lucknow, Uttar Pradesh. Presently at M/s Atkins and Partners Overseas, P O Box No.24656 Doha Qatar. | …Respondent/s |
ORDER ON ADMISSION
MRS. SUNITA CHANNABASAPPA BAGEWADI, MEMBER
1. The appellant/JDR has preferred this appeal being aggrieved by the Order dt.17.09.2021 passed in EP.No.50/2019 on the file of 3rd Additional District Consumer Disputes Redressal Commission, Bangalore.
2. Considering the appeal memo, impugned order passed by the District Commission and materials on record, service of notice to respondent is dispensed-with. Heard the advocate for appellant. The advocate for appellant submits that the appellant is unable to make payment to respondent/DHR due to financial stringency on account of stoppage of real estate business due to Covid-19 pandemic. However, without taking into consideration of such facts, the District Commission ordered to issue arrest warrant against appellant/JDR. Advocate for appellant further submits that the consideration of these hard days Commission below instead to give reasonable time and even on humanitarian grounds for making payments, issued arrest warrant and if he would be in prison how he could be able to handle the situation. It is not that this is the only case but en-number of similar such cases are pending and the appellant will be making prompt efforts to settle all the cases.
3. In view of such observation and appellant inability to make payments due to financial stringency on account of stoppage of real estate business and Covid-19 pandemic, the appellant seeks granting of reasonable time to refund the amount to DHR has to be considered.
4. Considering the above facts and observation made here, it will be appropriate to direct the appellant to make payment by installments of Rs.1,00,000/- per month and complete the remaining payments and in the event of default in making payment, the defaulted amount shall attract payment of interest at 10% p.a. from the date of default, till realization and also directed the District Commission to recall the arrest warrant issued against the JDR.
5. Consequently, set aside the Order dt.17.09.2021 passed by the 3rd Additional District Consumer Disputes Redressal Commission, Bangalore in EP.No.50/2019 (CC.No.970/2015) in the interest of justice and equity. Accordingly, the appeal is disposed-off.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
