Karnataka

StateCommission

A/1967/2022

M/s Maxworth Realty India Limited, A Company registered under companies Act Having its office at KMP House, No. 12/2, - Complainant(s)

Versus

Smt. Prameela A. Nikkam - Opp.Party(s)

Hari Kumar M

29 Oct 2022

ORDER

29/10/2022

COMMON ORDER ON ADMISSION

in Appeal Nos. 1960/2012 to 1970/2012

By Sri. RAVISHANKAR, JUDICIAL MEMBER

The appellant after filing these appeals not appeared before this Commission to convince with respect to admission of appeals.

2. Anyhow on perusal of the memorandum of appeals we noticed here that the appellant prayed for recall of the arrest warrant issued against this appellant in Execution Application Nos.111/2019, 78/2020, 79/2020, 82/2020, 5/2021, 324/2019, 81/2020, 80/2020, 5/2022 on the file of Bangalore Urban District Commission,  in Execution Application No.22/2020 on the file of II Additional Bangalore Urban District Consumer Commission and in Execution Petition No.14/2020 on the file of III Additional District Consumer Commission and submits that the complainants / respondents have filed complaints for recovery of amount paid towards allotment of sites.  District Commission allowed the complaints and directed to appellant/OP to pay the amount received along with interest.  This appellant is unable to pay the amount due to financial imbalance and also they offered to pay amount after deducting 15% of the amount.  But, the District Commission not agreed to the offer made by them and insisted for payment of the award amount with interest.  Due to outbreak of Pandemic disease and financial stringencies on account of stoppage of real estate business they could not pay the amount and requested District Commission to provide an opportunity for payment of the award amount in instalment basis.  But, the District Commission instead of giving reasonable time had issued arrest warrant for compliance of the order.  If the Jdr. is sent behind bars the order cannot be complied.  Hence, prays to recall the arrest warrant against appellant and provide an opportunity to pay the amount awarded in all executions in instalment basis.
3. Grounds urged in the memorandum of appeal are not satisfactory.  Infact after passing of the order in all complaints, the District Commission provided certain time to comply the order with interest.  Inspite of that this appellant had not complied the order well within time.  Subsequently, the execution petitions are filed by decree holders by virtue of Section 27 of old Consumer Protection Act, 1986.  Provisions of Section 27 of the Consumer Protection Act is provided to impose penalty on the Jdr./OP for non-compliance of the order and powers of Judicial Magistrate of First Class are vested to the District Commission to try the matter in accordance with the Criminal Procedure Code and pass an order for imprisonment to the person upto 3 years. 
4. We noticed here that admittedly the appellant not paid award amount well within time as specified in the order.  Even in the execution petitions they have not comply the order.  On perusal of the order sheet the District Commission has imposed cost on the Jdr. for non-compliance of the order.  Inpsite of that the appellant evaded to pay amount.  Subsequently, the District Commission having no option issued arrest warrant to the Jdr. and tried as per provisions of Section 27 of Old Consumer Protection Act.  We found there is no any reason to recall the arrest warrant issued against this appellant.  It is bounden duty of the appellant to pay amount as specified in the order.  Instead of that the appellants have preferred this appeal in order to avoid payment and we found there is no error in the order passed by the District Commission.  Hence, appeals fail. 
5. Further we direct the District Commission to exercise the powers vested to them by virtue of provisions of Section 72 of New Consumer Protection Act and make arrangements to adjudicate the matter by exercising power of Judicial Magistrate in all these executions within three months from the date of this order.  Accordingly, appeals are dismissed.

 

             Member                                          Judicial Member