| First Appeal No. A/1282/2022 | | ( Date of Filing : 02 Jul 2022 ) | | (Arisen out of Order Dated 20/06/2022 in Case No. EA/41/2020 of District Bangalore Urban) |
| | | | 1. M/s Maxworth Realty India Limited, | | Having its Office at KMP House, No.12/2, Yamuna Bai Road, Madhavnagar, Bengaluru-560001, Rep. by its Managing Director, Sri. Kesava Kolar |
| ...........Appellant(s) | |
| Versus | | 1. Mamatha A M | | D/o Sri Mudramu, R/at No.37/13, 17th Main, Chamarajpet, Bangalore-560018. |
| ...........Respondent(s) |
| | First Appeal No. A/1283/2022 | | ( Date of Filing : 02 Jul 2022 ) | | (Arisen out of Order Dated 22/06/2022 in Case No. EA/322/2019 of District Bangalore Urban) |
| | | | 1. M/s Maxworth Realty India Limited, | | Having its Office at KMP House, No.12/2, Yamuna Bai Road, Madhavnagar, Bengaluru-560001, Rep. by its Managing Director, Sri. Kesava Kolar |
| ...........Appellant(s) | |
| Versus | | 1. Umagirish K N | | W/o N N Girish, R/at Pattanayakanahalli, Sira Taluk, Tumkur |
| ...........Respondent(s) |
| | First Appeal No. A/1285/2022 | | ( Date of Filing : 02 Jul 2022 ) | | (Arisen out of Order Dated 21/06/2022 in Case No. Execution Application No. EA/4/2018 of District Bangalore Urban) |
| | | | 1. M/s Maxworth Realty India Limited, | | Having its Office at KMP House, No.12/2, Yamuna Bai Road, Madhavnagar, Bengaluru-560001, Rep. by its Managing Director, Sri. Kesava Kolar |
| ...........Appellant(s) | |
| Versus | | 1. Sandeep S Rao | | S/o R Sethu Rao R/o No. 68, Pajaka, Behind BIPS, II Main, Canara Bank Colony, Uttarahalli Main Road, Chikkalasandra, Bangalore-560061 |
| ...........Respondent(s) |
| | First Appeal No. A/1288/2022 | | ( Date of Filing : 02 Jul 2022 ) | | (Arisen out of Order Dated 20/06/2022 in Case No. Execution Application No. EA/42/2020 of District Bangalore Urban) |
| | | | 1. M/s Maxworth Realty India Limited, | | Having its Office at KMP House, No.12/2, Yamuna Bai Road, Madhavnagar, Bengaluru-560001, Rep. by its Managing Director, Sri. Kesava Kolar |
| ...........Appellant(s) | |
| Versus | | 1. Dhananjaya M | | S/o Mohan N, R/at Utharani Nilaya, 6th Cross, Road, Vinobhnagar, Shivamogga |
| ...........Respondent(s) |
| | First Appeal No. A/1291/2022 | | ( Date of Filing : 02 Jul 2022 ) | | (Arisen out of Order Dated 18/05/2022 in Case No. EA/482/2019 of District Bangalore Urban) |
| | | | 1. M/s Maxworth Realty India Limited, | | Having its Office at KMP House, No.12/2, Yamuna Bai Road, Madhavnagar, Bengaluru-560001, Rep. by its Managing Director, Sri. Kesava Kolar |
| ...........Appellant(s) | |
| Versus | | 1. Kalavathi K V | | W/o Sri Sagadevan, R/at No.12, Muni Byarappa Layout, Doddamommasandra, Bengaluru-560097 |
| ...........Respondent(s) |
| | First Appeal No. A/1294/2022 | | ( Date of Filing : 02 Jul 2022 ) | | (Arisen out of Order Dated 23/05/2022 in Case No. Execution Application No. EA/49/2020 of District Bangalore Urban) |
| | | | 1. M/s Maxworth Realty India Limited, | | Having its Office at KMP House, No.12/2, Yamuna Bai Road, Madhavnagar, Bengaluru-560001, Rep. by its Managing Director, Sri. Kesava Kolar |
| ...........Appellant(s) | |
| Versus | | 1. Ganesh D Bhat | | S/o D.S. Bhat, Aged about 42 years, R/at No.116, 5th Main, 3rd Stage, 2nd Block, Basaveshwara Nagar, Bengaluru-560079 |
| ...........Respondent(s) |
|
|
| Final Order / Judgement | BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE DATED THIS THE 28th DAY OF MARCH, 2023 PRESENT SRI.RAVI SHANKAR, JUDICIAL MEMBER SMT.SUNITA C. BAGEWAD, MEMBER APPEAL NOs. 1282/2022, 1283/2022, 1285/2022, 1288/2022, 1291/2022 and 1294/2022 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 (Appellant is common in all the appeals).
(By Sri.Subramani.K.V., Advocate) -V/s- | ...Appellant/s | - Appeal No.1282/2022
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D/o Mudramu, Bengaluru-560 018 | …Respondent/s | - Appeal No.1283/2022
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W/o N.N.Girish R/at Pattanayakanahalli, Sira taluk, Tumkur | | - Appeal No.1285/2022
Sri.Sandeep S.Rao S/o R.Sethu Rao, R/at Utharani Nilaya, -
No.68, 2nd Main Road, Canara Bank Colony Uttarahalli Main Road, Chikka Allasandra, Bengaluru-560 061 | | - Appeal No.1288/2022
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S/o Mohan.N. R/at Utharani Nilaya, -
Vinobha Nagara, Shivamogga | …Respondent/s | - Appeal No.1291/2022
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W/o Sagadevan, No.12, Muibyrappa Layout, Bengaluru- 560 097 | | - Appeal No.1294/2022
Sri.Ganesh D.Bhat, S/o D.S.Bhat Aged about 42 years, R/at No.116, 5th Main, -
Basaveshwara Nagar, Bengaluru- 560 079 | |
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 Petitions by the District Consumer Commission as detailed below: Sl. No. | Appeal Nos. | Execution Petition No.. | District Commission | Impugned Order Date |
|---|
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| 1282/2022 | 41/2020 | Bengaluru Urban District Consumer Commission | 28.11.2019 | -
| 1283/2022 | 322/2019 | -“- | 17.07.2019 | -
| 1285/2022 | 04/2018 | -“- | 08.02.2018 | -
| 1288/2022 | 42/2020 | -“- | 26.11.2019 | -
| 1291/2022 | 482/2019 | -“- | 10.10.2019 | -
| 1294/2022 | 49/2020 | -“- | 10.10.2019 |
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 Judgment Debtor/Appellant was paying the award amount in installments, 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 Consumer Commission issued NBW. In fact, there is only a temporary break for payment of award amount to the Decree Holders. In spite of that District Consumer Commission issued warrant against this Appellant. Hence, prays to set aside the order passed by the District Consumer Commission and also prays to recall the NBW. Further at the time of filing these appeals, the Appellant has undertaken to pay the award amount every month without fail. 3. Considering the submission made by the Appellant/Judgment Debtor. We have recalled the warrant issued against the Judgment Debtor by the District Consumer Commission and directed for payment of decreetal amount/award amount in monthly installment basis. But, we noticed that after providing the said opportunity, the Appellant has not produced any materials to show that, they are regular in paying the amount to the Decree Holders and also not appeared before this Commission to show that whether they are paying the award amount to the Decree Holders or not. We found that appellant is not obeying the order passed by this Commission. We found there is no reason to keep the Appeals pending before this Commission. As such, the Appeals are dismissed for non-payment of the award amount to the Decree holders before this Commission. Further, the District Consumer Commission is hereby directed to recover the award amount from the Judgment Debtor as per the Provisions of Section 72 of the Consumer Protection Act, 2019 and dispose of the matter expeditiously. MEMBER JUDICIAL MEMBER | |
