State Consumer Disputes Redressal Commission
M/S Sri Balaji Builders And Developers vs Ranjeeth Kumar Arelli on 31 January, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/261/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/107/2018 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Ranjeeth kumar Arelli Aged about 33 years 2. Moukhika Naraian Mantapuri Aged about 31 years Both are residing at No.15-11-178/319, 4th Floor, Victory Avenue, Ramannapet, Warangal 02 ...........Respondent(s) First Appeal No. A/262/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/108/2018 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor
Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Ramakrishnan C S/o R S Chandrasekaran, Aged about 33 years Residing At No.141, 1st Cross, Shivaramaiah Layout Keshava Nagar, Kalyannagar post Bangalore - 43 ...........Respondent(s) First Appeal No. A/263/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/109/2018 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers .Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. RR Lalitha Kumari W/o Sri A Kiran KumarAged about 29 years Residing At No.3, Lakshman hudali 1st Steer, Venkatram Nagar, Korattur, Chennai 80 ...........Respondent(s) First Appeal No. A/264/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/80/2020 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. J Renuga Aged about 41 Years W/o R Jayaraj (As per Agreement) No.10, Moorthi Nagar 5th Street, Tirupur 07 Present Address :
Door No 227, Third Floor, 2nd C Cross, 4th Block 1st Stage HBR layout Kalyannagar post, Near SJR Public School Bengaluru 560043 ...........Respondent(s) First Appeal No. A/265/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/81/2020 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Srikanta Mohapatro As per Agreement Decree Holder S/o Kumud Chandra Mohapatro Residing at C/o M Krishna Reddy No 467, 1st Floor, SLN Nagar, Maruthi Water Supply Bommasandra, Bengaluru 560099 Present Address :
Flat No 001, A Block, M J Lifestyle Avershine Rayasandra lake road, Chikanamangala Village Bengaluru 560099 ...........Respondent(s) First Appeal No. A/266/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/82/2020 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. M Tangamani Aged about 37 years W/o R Magesh No 100, Moorthi Nagar 5th Street, Tirupur 07 Present Address Door no 227, Third Floor, 2nd C Cross, 4th Block, 1st Stagte, HBR Layout Kalyannagar Post Near SJR Public school, Bengaluru 560043 ...........Respondent(s) First Appeal No. A/267/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/79/2020 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Mohankumar Raju S/o M Raju Park Golden Aura, No 401, 4th Floor TCP Layout, Old Chandapura Hosur Main Road, Bangalore 560081 Present Address :
Srivari Sannidhi No 102, 1st Floor, 11th Main, AECS Layout A Block Kudlu, Bangalore - 560068 ...........Respondent(s) First Appeal No. A/268/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/89/2020 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. V Rama Krishna Aged about 38 years S/o Nageswara Rao H.No 73, 2nd Floor, Erappa Reddy Layout Parappana Agrahara Electronic city, Bangalore 560 100 Mob : 7829911289 Present Address :
Flat No 401, HIG 123, Babli Square Apartments Vuda Colony, Gajuwaka Visakapatnam - 530044 ...........Respondent(s) First Appeal No. A/269/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. EA/93/2020 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Sushma Gupta W/o Late Dilip Kumar Gupta Residing at Karmali, Glass Tower Opp, Traffic police cell, S.V Road, Panaji- Goa - 403001 Present Address :
Sushma Gupta Villa No 253, Vakil Hosur Hills, Rayakottai Road, Chennathur Village, Hosur, Tamil Nadu 635109 ...........Respondent(s) First Appeal No. A/270/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. Execution Application No. EA/3/2021 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Venkatesh Vunnam S/o Chinna Srinivas Rao C/o Manu 31/5, 2nd Cross Triveni Road, Yeshwanthpur, Bengaluru 560022 Permanent Address 3-151, Dharmavaram, Durgi M Guntur Andhra Pradesh 522612 ...........Respondent(s) First Appeal No. A/271/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. Execution Application No. EA/6/2021 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Subhash Dareppa Nirwan Aged about 74 years S/o Dareppa A M Nirwani C/o S H Doddamani 3B, 2nd Floor, Durga Shreyas Apartment, Patel Pillegounda Colony, Ramchandrapura, Bangalore - 03 ...........Respondent(s) First Appeal No. A/272/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. Execution Application No. EA/8/2021 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 (In duress) ...........Appellant(s) Versus 1. Rajesh Budashetty S/o Gundappa Buddashetty Aged about 45 years Residing at No.23, Flat no FF-D1, Shrinidhi Residency Vinayaka Layout, Vijayanagar, Bengaluru 560040 ...........Respondent(s) First Appeal No. A/273/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. Execution Application No. EA/28/2021 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Niveditha W/o S Narayanan Aged about 29 years Residing at No.1532, EWS, 3rd Stage 19th Cross, Yelahanka New Town Bangalore - 06.
...........Respondent(s) First Appeal No. A/274/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. Execution Application No. EA/43/2021 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal Homes Township, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Hepsiltioop P W/o Mohammed Salahudeen V C Aged about 59 years Residing at No.6, Step Colony Sipcot Post, Darga Hosur Tamilnadu 635126 ...........Respondent(s) First Appeal No. A/275/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. Execution Application No. EA/48/2021 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. G Karthikeyan S/o Sri V Gurunathan Aged about 46 years Residing at No.4/82, Muniyappan Kovil Street, Gugai, Salem 06 ...........Respondent(s) First Appeal No. A/276/2022 ( Date of Filing : 08 Feb 2022 ) (Arisen out of Order Dated 10/01/2022 in Case No. Execution Application No. EA/51/2021 of District Bangalore 1st & Rural Additional) 1. M/s Sri Balaji Builders and Developers Rep by its Proprietor Sri. Srinivasa Murthy T.V S/o T.S Venkatesh Murthy 887, 19th Main, 19th Cross, Ideal HomesTownship, Rajarajeshwarinagar, Bengaluru 560078 ...........Appellant(s) Versus 1. Ramesh Reddy S/o G Mallikarjun Reddy Aged about 43 years Sanjana Brindavan, Kasavanahalli Sarjapur Road, Bangalore - 560035 ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 31 Jan 2023 Final Order / Judgement Dtd.31.01.2023 A/261 to 276/2022 O R D E R BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.
These are the appeals filed U/s.73 of CPA 2019 by Appellant/Jdr/OP in various execution proceedings pending on the file of 1st Addl., Bengaluru Rural and Urban District Commission to relax the conditions imposed and to release Appellant on bail on furnishing of one surety to the extent of award amount. The Commission heard the learned counsel for Appellant and few Dhrs who are personally present before the Commission, they are Sri.Ranjeetkumar Arelli, Sri.Srikanta Mohapatro, Smt.Tangamani, Smt.Hepsiltioop, Sri.Karthikeyan and Sri.Ramesh Reddy. Learned counsel for Appellant submits that since Appellant/Jdr is already released on bail in pending execution proceedings, wherein his share in the immovable properties is attached. On the contrary Dhr who are present before the Commission submits his 60% of the share in the properties is attached. In such circumstances, considering the order dtd.21.10.2022 passed by the Commission below, as execution proceedings are closed for time being before the Commission below and since warrant is sent to Deputy Commissioner, Bengaluru to remit the amount after recovery of the said amount by putting the property in to public auction. Hence, Commission held these appeals become infructuous are hereby dismissed with no order as to cost. Notify copy of this Order to the District Commission and parties.
Judicial Member *NS* [HON'BLE MR. JUSTICE Huluvadi G. Ramesh] PRESIDENT [HON'BLE MR. Krishnamurthy B.Sangannavar] JUDICIAL MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER