State Consumer Disputes Redressal Commission
Megacity (Bangalore) Developers & vs S.K. Latha on 29 August, 2024
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/1277/2017 ( Date of Filing : 02 Jun 2017 ) (Arisen out of Order Dated in Case No. of District ) 1. Megacity (Bangalore) Developers & Builders Pvt Ltd., Mega Towers, No.120, K.H.Road, Bangalore-560 027. Rep. by its Director ...........Appellant(s) Versus 1. S.K. Latha No.198, 37th A Cross, 28th Main, 9th Block, Jayanagar, Bengaluru-69. ...........Respondent(s) BEFORE: HON'BLE MR. Krishnamurthy B.Sangannavar PRESIDING MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 29 Aug 2024 Final Order / Judgement 29.08.2024: ORDER
Delivered by Mr.K.B.Sangannanavar. Prl.DJ (R) Judicial Member.
01. This is an Appeal filed by opposite party/JDR in Execution Petition No.25/2017 under section 27-A of the Consumer Protection Act, 1986 aggrieved by the order dated: 13.01.2017 on the file of Bangalore Urban District Consumer Disputes Redressal Forum, Bangalore.
02. The parties to this Appeal will be referred to as their rank assigned to them by the commission below.
03. The Commission examined the grounds of appeal, Impugned order dated: 30.08.2017 and the appeal papers.
04. This appeal is filed to quash the execution petition No.25/2017 pending on the file of District Forum. Let us examine execution petition No.25/2017, wherein, could see an application is filed under S. 27 of Consumer Protection Act, 1986 to execute the award dated: 30.08.2017 passed in C.C. No.1353/2007. The executing District Forum on 13.01.2017, upon examination of contents of EP, award and affidavit ordered to register EP and ordered show-cause notice against OP/JDR to appear on 25.02.2017. It is this order is assailed in this Appeal with a prayer to quash the EP No.25/2017 proceedings on the grounds, executing District Forum, ought not have entertained the EP No.25/2017 and issued the cause notice to JDR, since JDR had already executed registered sale deed on 27.09.2008. It is found from the papers that, the award obtained by the complainant/DHR is dated: 30.08.2007 and the sale deed is executed after passing of the award in C.C. No.1353/2007. The copy of the registered sale deed dated: 27.09.2008 is produced. It is therefore in our view, in an Appeal filed under section 27 of C.P. Act what the reliefs sought by appellant/JDR cannot be considered, since DF gave a show cause notice which cannot be termed it passing of final order to be assailed in an appeal. In other words JDR has an opportunity to participate in the execution proceedings followed by the show cause notice and urge his grievance before the executing Commission. In such view we are of the view in an appeal filed he cannot seek quashing of the EP proceedings. Hence, we proceed to dismiss the Appeal with a direction to executing Commission to permit JDR/Appellant to participate in the execution proceedings and decide the execution in accordance with law as early as possible keeping in mind the object of Consumer Protection Act.
05. Send copy of this order to the District Commission and the parties to the Appeal.
Sd/- Sd/- LADY MEMBER JUDICIAL MEMBER KNMP* [HON'BLE MR. Krishnamurthy B.Sangannavar] PRESIDING MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER