Date of Filing :02.05.2017

Date of Disposal : 01.04.2022

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:01.04.2022

PRESENT

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

Mr K B SANGANNANAVAR: JUDICIAL MEMBER

Mrs DIVYASHREE M:LADY MEMBER

APPEAL No.1079/2017

1.   The Karnataka Housing Board
      Cauvery Bhavan, K.G Road,

      Near Mysore Bank,

      Bengaluru – 560 009.

      Rep. by its Commissioner

2.  The Assistant Executive Engineer
     Karnataka Housing Board,

     Naubad, Bidar-585 401.

     Rep by its. Commissioner.
     (By Mr R A Kulkarni, Advocate)                                Appellant

                                            -Versus-

     Mr Sadananda Biradar
     R/o. House M.I.G No.135,

     Halledkeri,

     Bidar-585 401.                                                        Respondent

:ORDER:

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OPs aggrieved by the Order dated 30.01.2017 passed in Consumer Complaint No.68/2014 by District Consumer Disputes Redressal Forum, Bidar (for short, the District Forum).

2.       Heard the arguments of the Learned Counsel for Appellant.  Inspite of service of notice on Respondent none appeared on behalf of the Respondent. 

3.       Perused the Impugned Order, Records and Grounds of Appeal.  It appears that the Complainant applied for allotment of a house with OP2 and paid Rs.10,64,500/- as initial amount on 14.06.2011, further on 11.08.2011 paid charges of Rs.45,345/-, Rs.30,500/- as EMD to OP2, in all he paid Rs.12,29,800/- to the OPs and OP2 allotted the house No.MIG 135 under KHB House Allotment Scheme at Halledkeri, Bidar under lottery system and thereafter, OP executed Sale Deed in favour of the Complainant.  The allegation of the Complainant is that, OP2 when handed over the house, it was without Electricity, Drainage and other required basic amenities in  the house allotted to the Complainant and because of OPs negligence in allotting an house without the basic amenities, he was compelled to reside in a rented house with his family members for one year by paying heavy rent at Bidar and suffered financial loss and mental & physical inconveniences.  Hence, he filed the instant Complaint alleging deficiency in service on the part of OPs.  

4.       In the version of OPs, though they admitted the receipt of payment of Rs.10,95,000/- but denied the averments made in the Complaint.  Further, Ops had taken a stand that the House was fully completed with all basic amenities, such as source for drinking water, drainage, sewage, B T Road, street lights, overhead tank and before giving possession to the Complainant, the power supply was already made available, but, on one or the other pretext, the GESCOM prolonged the power supply for some period after allotment and there is also contributory negligence on the part of the Complainant in accepting the house in as-is where-is condition.  Further, the Complaint is bad for non-joinder of necessary party of GESCOM to the Complaint.  Hence, there is no deficiency in service on the part of OP and thus sought Dismissal of the Complaint.

5.       The District Forum after enquiring into the matter, allowed the Complaint in part and directed OP for effecting the repairs of the building, rectify all short falls, clean the premises and periphery properly and hand over the possession of the house No.MIG 135 in Halladakeri Layout to the Complainant, habitable in all respect with compensation of Rs.50,000/- and cost of Rs.5,000/- to the Complainant within eight weeks from the date of the Order.

6.       According to the Appellants, there is a delay in filing the Complaint and also there is non-compliance of regular procedure, despite which, the District Form passed the Order, which requires a re-consideration to enable the parties to follow the procedure and to take decision in this regard in accordance with Law.  Thus, Appeal is allowed.  Consequently, Impugned Order is set aside and matter is remanded to the District Forum to afford an opportunity to both the parties and decide the case on merits within 3 months from the date of receipt of this Order.

7.       The statutory Amount in Deposit is ordered to be transfer to the District Forum for the needful and return the LCR forthwith.

8.       Send a copy of this Order to the District Commission as well as to the parties concerned.

Lady Member                  Judicial Member                    President

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