State Consumer Disputes Redressal Commission
M/S Karnataka Power Transmission ... vs K. Chandra on 18 March, 2022
1
Appeal Nos.2664/2016 to 2667/2016 &
2669/2016
Date of filing: 06.10.2016
Date of disposal: 18.03.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 18.03.2022
PRESENT
Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER
Mrs. DIVYASHREE M : LADY MEMBER Appeal No.2664/2016, 2665/2016, 2666/2016, 2667/2016 & 2669/2016 APPEAL NO.2664/2016 M/s.Karnataka Power APPELLANT Transmission Corporation Employees Co-operative Society Limited.
Represented by its President.
(Advocate - Sri.K.S Kalleshappa) V/s RESPONDENT/S Sri.K.Chandra, Major in age, R/at Rajeshwari Nilaya, A-Block, No.9, Behind HMT, Vajapayeenagar, Bommanahalli, Bangalore-560 069.
APPEAL NO.2665/2016 M/s.Karnataka Power APPELLANT Transmission Corporation Employees Co-operative Society Limited.
2Appeal Nos.2664/2016 to 2667/2016 & 2669/2016 Represented by its President.
(Advocate - Sri.K.S Kalleshappa) V/s RESPONDENT/S Sri.G.V Prabhakar Rao, Major in age, S/o Late Chinnaabaiah, @ Munivenkatappa, R/at No.1459, 23rd Main, Banashankari 2nd Stage, Bangalore - 560 070.
APPEAL NO.2666/2016 M/s.Karnataka Power APPELLANT Transmission Corporation Employees Co-operative Society Limited.
Represented by its President.
(Advocate - Sri.K.S Kalleshappa) V/s RESPONDENT/S Sri.B.S Manjunath, Major in age, R/at 1944, 4th Cross, 20th Main Road, 2nd Phase, J.P Nagar, Bangalore - 560 009.
APPEAL NO.2667/2016 M/s.Karnataka Power APPELLANT Transmission Corporation Employees Co-operative Society Limited.
Represented by its President.
(Advocate - Sri.K.S Kalleshappa) 3 Appeal Nos.2664/2016 to 2667/2016 & 2669/2016 V/s RESPONDENT/S Sri.V.Narasimha Murthy, Since dead by his LRs
a) R.Shahsikal, W/o late V.Narasimha Murthy, Aged about 58 years.
b) Sri.Gururaj, S/o V. Narasimha Murthy, Aged about 32 years.
c) N.Kusuma, D/o V. Narasimha Murthy, Aged about 29 years.
All are residing at 685, 4th Main Road, Kengeri Uppanagara, Bangalore - 560 060.
APPEAL NO.2669/2016 M/s.Karnataka Power APPELLANT Transmission Corporation Employees Co-operative Society Limited.
Represented by its President.
(Advocate - Sri.K.S Kalleshappa) V/s RESPONDENT/S Sri.M.Riyaz Nayeemuddin Ahmed, Aged about 69 years, S/o Late I.M Riyazuddin Ahmad, R/at No.6-6, 3rd Floor, 8th Main, BTM 1st Stage, Bangalore - 560 029.
4Appeal Nos.2664/2016 to 2667/2016 & 2669/2016 COMMON ORDER Mr.K.B SANGANNANAVAR, JUDICIAL MEMBER These appeals are filed by the OP society aggrieved by the order dated 13.05.2008, 29.05.2008 & 30.09.2008 passed in CC No.69/2008, CC No.70/2008, CC No.88/2008, CC/97/2008, CC/639/2008 respectively by III Additional Bangalore Urban District Consumer Disputes Redressal Forum, Bangalore.
2. The Commission examined the impugned order and grounds of appeal.
3. We have examined the contents of the affidavit sworn in by Mr.K.Balaram, the President of OP society. He has sworn in that there was a change in the management/board and staff of the appellant society who was looking after the cases also had changed. If at all there is any delay is not intentional or deliberate but for bonafide circumstances. If we examine the particular papers could see that these appeals are filed by society through the said President after 3037, 3021, 2897 days of delay respectively. It is not that, Appellant society is not contested the complaint cases. These complaints raised before Forum below were on 08.01.2008, 09.01.2008, 10.01.2008, 18.01.2008, 07.03.2008 and were decided on 13.05.2008, 29.05.2008 & 30.09.2008. It is needless to say all these appeals are filed only after initiation of the execution proceedings. The order in the impugned would be directing the 5 Appeal Nos.2664/2016 to 2667/2016 & 2669/2016 society to execute sale deed in respect of the respective sites in favour of the respective complainants by receiving the balance consideration if any from the respective complainants on the basis of the original rate so fixed and to that effect a time bound is also directed by the Forum below and for any reasons if society unable to get the sale deeds so executed by that time, in that event, they shall refund the amount so collected from the respective complainants along with interest @ 18% p.a from the respective date of payment on the respective amount, till refund. Forum below further directed to compensate the respective complainants in a sum of Rs.2,00,000/- for the deprivation of the proposed site and to pay a sum of Rs.5,000/- to the respective complainants by way of litigation cost and in our view is just and proper, since had the complainants invested such money at the relevant time in similar such lay outs would have got the site in time and the value of such site would be sky racketed, as such awarding of interest at the rate fixed by the forum below has to be held just and proper. Further these orders impugned by the OP society is after lapse of 3037 days on the ground that there was a change in the management/board and staff of the appellant society who was looking of the cases after change cannot be said sufficient cause for not preferring appeals in time, are nothing to do with the complainants. If at all the society is aggrieved by the impugned order at the relevant time could have filed appeal in time, since the office bearers at the relevant time could have taken decision not to prefer appeals considering the truthfulness of the case of complainants, which cannot be said now for the reasons set out in the appeal memo.
6Appeal Nos.2664/2016 to 2667/2016 & 2669/2016
4. The contention of appellant that if at all there was a direction for refund which could have been without awarding any interest is unacceptable, since OP society having been utilized hard earned money invested by respective complainants, with fond hope to have a site of their own have still agitating before the Commissions to execute the award have to be entitled for compensation in the form of awarding interest was rightly exercised by the Forum below to protect the interest of the consumers. In such conclusion Commission proceed to dismiss all these appeals with no order as to costs.
5. Amount in deposit is directed to be transferred to the District Commission to do needful.
6. Return the LCR forthwith.
7. Provide copy of this order to the District Commission and parties to the appeal.
JUDICIAL MEMBER MEMBER vln*