Karnataka

StateCommission

A/663/2021

M/s Transcity Developers - Complainant(s)

Versus

Kiran Kumar - Opp.Party(s)

G H Lohith Kumar

08 Sep 2021

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/663/2021
( Date of Filing : 06 Sep 2021 )
(Arisen out of Order Dated 27/11/2020 in Case No. CC/321/2019 of District Bangalore 4th Additional)
 
1. M/s Transcity Developers
A Partnership Firm, Regd Office at No.32, 2nd floor, 13th cross, Bashyam Circle, Above Shanthi Sagar Hotel, Sadashiv Nagar, Reptd by surviving partner, Shri Ravi.
2. S Ravi, S/o Shreenivasaiah, Aged 49 yrs, Surviving Partner,M/s Trancity Developers,
Partnership Firm, Regd Off No.32, 2nd floor, 13th cross, Bashyam Circle, Above Shanthi Sagar Hotel, SadashivNagar, Bluru 560080 R/at No.205, 2nd cross, 4th B main,Bhuvanagiri Bluru 560043.near CMR law
...........Appellant(s)
Versus
1. Kiran Kumar
S/o Siddappa, Aged 31 yrs, R/at No.107, Sri Lakshmi Venkateshwara Nilaya, 2nd Main Road, New Binny Layout, Bangalore 560023.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT
 HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 08 Sep 2021
Final Order / Judgement

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

 

DATED THIS THE 08TH DAY OF SEPTEMBER 2021

 

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. KRISHNAMURTHY B. SANGANNAVAR      : JUDICIAL MEMBER

 

Appeal No. 663/2021

 

1. M/s. Transcity Developers

     Regd. Office at No.32, 2nd floor,

     13th  Cross, Bashyam Circle,

     Above Shanthi Sagar Hotel, Sadashiv Nagar,       

     Rept. by Surviving Partner, Shri Ravi

 

2. S. Ravi, S/o Shreenivasaiah

     Surviving Partner, M/s. Trancity Developers,

     Partnership Firm, Regd. Off No.32, 2nd floor,  

     13th Cross, Bashyam Circle,

     Above Shanthi Sagar Hotel, Sadashiv Nagar,  

     Bangalore 560080

     And R/at No.205, 2nd Cross, 4th B Main,  

     Bhuvanagiri, Bengalure 560043

 

(By G. H. Lohith Kumar)

V/s

 

 

 

 

 

 

 

 

 

 

 

 

……Appellants

Kiran Kumar

S/o. Siddappa,

R/at No.107, Sri Lakshmi Venkateshwara Nilaya, 2nd Main Road, New Binny Layout, Bangalore 560023

 

 

 

..…Respondent

 

 

 

O R D E R

 

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH        : PRESIDENT

This appeal is filed against the order dated 27.11.2020 passed in C.C.No.321/2019 on the file of IV Addl. District Consumer Disputes Redressal Commission, Bangalore.

  1. Alleging deficiency of service on the part of the OP in not forming layout and not allotting site complainant filed complaint before the District Forum. 
  2. The District Commission by order dated 27.11.2020 passed a common order directing developers to pay/refund amount of Rs.4,20,000/- to the complainant together with interest at 10% p.a. from the date of payment till realisation imposing costs of Rs.5,000/-.
  3. Heard the counsel for appellant.  Appellant is OP before the District Commission.
  4. The appellant / OPs have collected amount from several members with an assurance to allot plot i.e., amount was paid to this appellant and appellants have agreed to allot the plot after developing layout.  The allegation of the complainant is that inspite of acquiring property for development and allotment of site, developers acquired property in the name of family members out of the advance amount collected.  Though the complainants have got issued legal notice calling upon the developers to form layout and allot site, there is no response.  OP said to have filed OS No.6539/2018 before the City Civil Court.  It appears there is a dispute between developers and members and though the amount was paid long back in the year 2015 there is no attempt being made by the developers.  In the circumstances, on perusal of the order of the District Commission we do not find any reason to interfere.  The amount awarded is also quoted on the lower side.  In the circumstances, apart from delay there is no scope for interference.  Hence, the following:

ORDER

The Appeal is dismissed with cost of Rs.5,000/-.

Amount in deposit shall be transferred to the District Forum for disbursement.

 

Sd/-

PRESIDENT

 

Sd/-

JUDICIAL MEMBER

 

CV*

 
 
[HON'BLE MR. JUSTICE Huluvadi G. Ramesh]
PRESIDENT
 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
JUDICIAL MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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