BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 2nd DAY OF AUGUST, 2023
PRESENT
SRI.RAVI SHANKAR, JUDICIAL MEMBER
SMT.SUNITA C. BAGEWAD, MEMBER
APPEAL NOs.786/2023 TO 790/2023
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.786/2023
Sri.Hari Prasad Joshi S/o Krishtacharya, Aged about 31 years, R/at No.1968/12, SS Layout, B-Block, Ring Road, Near Navodaya School, Davanagere-577 004 - Appeal No.787/2023
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W/o Suresh.M.R. Aged about 35 years, R/at No.6, Tulasi Mansion, -
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| .. Respondent/s |
- Appeal No.788/2023
Sri.Sandeep Patil.S.R. W/o Rudrappa, Aged about 35 years, R/at Sokke, Sokke post, Tarikere Taluk, Chikkamagaluru | …Respondent/s |
- Appeal No.789/2023
Sri.Sandeep Patil.S.R. W/o Rudrappa, Aged about 35 years, R/at Sokke, Sokke post, Tarikere Taluk, | |
- Appeal No.790/2023
Sri.Sandeep Patil.S.R. W/o Rudrappa, Aged about 35 years, R/at Sokke, Sokke post, Tarikere Taluk, | |
ORDER ON ADMISSION
BY SRI.RAVISHANKAR, JUDICIAL MEMBER
The appellant/Judgment Debtor in Execution Application Nos.78/2020 to 82/2020 preferred these appeals against the issuance of NBW issued by the District Consumer Commission on 19-4-2023 and submits that the respondent has filed these Execution Applications by virtue of the order passed by the District Consumer Commission in complaints filed by the complainants for refund of the amount.
2. This appellant is paying the award amount in installments regularly and due to his financial stringency on account of shortage of real estate business and due to outrage of pendamic disease Covid-2019, he was not able to pay the amount in installments to the Decree Holders, for which the District Commission had issued NBW to this appellant. In fact, he tendered payment of Rs.15,000/- on 19-4-2023, the same was refused by the Decree Holder and insisted for payment of full award amount. He is ready to pay the award amount in installments, in spite of that the District Consumer Commission had issued NBW. Hence, prays to set aside the order passed by the District Consumer Commission and direction to be given to pay the award amount in installments, in the interest of justice and equity.
3. Heard on admission.
4. On perusal of the certified copy of the order dated 19.4.2023 and memorandum of appeals, we noticed that the Decree Holder has filed this Execution Petitions for compliance of the order passed in respective complaints, but Judgment Debtor had not complied the order so far and he had made an attempt to pay an amount of Rs.15,000/- on 19-4-2023 and the same was refused by the Decree Holder and insisted for payment of entire award amount along with interest. The District Commission noticing the refusal of the Decree Holder had issued warrant against the Judgment Debtor for compliance. We are of the opinion that, the order of issuance of NBW against the Judgment Debtor is in accordance with law.
5. The order passed by the District Commission is to refund of the entire amount paid by the Decree Holder in full with interest, there is no any direction given by the Decree Holders against the Judgment Debtor to pay the said amount in installments or part payment, the Judgment Debtor has to comply the order in full at the first instance only, instead of that he is drag on the Execution Application by paying meager amount to the Decree Holder. The reasons assigned in the memorandum of appeal are not satisfactory; the Judgment Debtor ought to pay the entire amount as per the award. As such we do not find any valid reasons to allow the appeals. Accordingly, the appeals are dismissed and we proceed to pass the following;
O R D E R
The Appeal Nos.786/2023 to 790/2023 is dismissed. No order as to costs.
Keep the original order in Appeal No.786/2023 and a copy of the same in Appeal Nos.787/2023 to 790/2023.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
MEMBER JUDICIAL MEMBER
Jrk/-
