State Consumer Disputes Redressal Commission
K.Ramachandran vs Aircraft Employees Co-Op Society Ltd on 27 September, 2004
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BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL CO1'vfl\/IISSION, BANGALORE.
DATED : 27"' SEPTEMBER 2004
PRESENT
THE HON 'BLE MRJUSTICE CHANDRASHEKARAIAH : PRESIDENT
S1\'IT.RAMA ANANTH : IWEMBER
APPEAL NOSJ184/03 TO 1209/03 & 560/04 TO 564/04
10
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. S1i.K.Ramacham:h'an,
No.14/2, S.R.Gardon,
V ivcknagar Post,
Bangalore -- 560 017.
. Sn'.R.G1'rimadaiah,
Bcrmiganahalli,
K.R.Puram Hobli,
Bangalore -- 560 016.
. S1i.M.Basappa_,
No.21, Cauvery Layout,
Hcnnur Main Road,
St.Thomas Town Post,
Bangalore -- 560 084.
. S1'i.G<3pal,
No.36, 2'" Cross,
Anandapuram, New Thippasandra,
Bangalore --560 075.
. S1i.V.MunisWa1ny,
'H0465, Ist C Main,
16"' giross, IV Phase,
J.P.NagaI,
Bangalore -560 078.
. S1i.Mai1a Nailg
No.G-640, HAL Quarters,
Central Town Ship,
Marathahalh Post,
Bangalore -560 037.
. S1i.M.}-Iafecz Khan,
No.7 4, Nchrupuram,
Bangalore -- 560001.
.. APPNT. IN A.NO.l134/03
.. APPNT. INA.N0.l185/03
.. APPNT. IN A.NO.1186/03
.. APPNT. IN A.N0.1137/03
APPNT. INA.NO.1188/03
.. APPNT. IN A.N0.1189/03
.. APPNT. INA.NO.l190/03
8. S1i.H.S.§/exxkatachalam,
No.90, 2"" Stage,
Vinayaka Layout,
Marenalxalli, Vijayanagar,
Bangalore -- 560040.
9. Sriflwamykutty,
NO.1'7, 3*" Main Road,
Brundavan Layout,
L.B.Sastry Nagar, HAL PO,
Bangalore -- 560 017.
10. Sri.Sridhara Mayya,
Parvathy Nivas, Ist Cross,
Ramcsh Nagar Post,
Bangalore-560 037.
1 1.Sri.B.V.La.ks1nnipathi,
No.17, 4*" Main, Indira Gandhi Road,
B.Narayanapura E);m.,
Dooravani Naga1'PO.,
Bangalore -560 016.
12.Sr.i.Moh3mmed Ayyub,
No.17, 7"' Cross,
F.M.Kan'yappa Road,
LBS' Nagar,
Bangalore -560 017.
13.Sri.A.G.Ramacha11d1'a31 Nair,
No.13-14, House No.113,
EDA Flats, Domlur 11 Stage,
2"" Phase,
Bangaloro -560 071.
14. Sri.Albe1't Daniel,
No.4, 7" Cross,
3" Main, LBS Nagar,
Bzmgalore -560 017.
1 5 . S1i.R.K1*islma1nu11ihy,
No.11, 5"' Cross,
Ist Main, Lakshmipuram,
Ulsoor,
Bangalore -560 008.
16.S1*i;B.1\zI.h/Iohannrxcd Ayyoob,
No.1, (old No.19/A)
3"' Cross, Haincs Road,
Bangalorc-560 051.
APPNT. LN A.NO.l191/03
.. APPNT. IN A.NO.1192/03
APPNT. INA.NO.1193/03
.. APPNT. IN A.NO.1.194/03
APPNT. IN A.NO.1195/03
APPNT. INJLNO. 1196/03
.. APPNT. INA.NO.1197/03
APPNT. IN A.NU.1198/03
APPNT. IN A.NO.1199/03
17 .Sri.N.Rajasheka1',
No.1/1'-D, 2"" Cross,
Cambridge Road,
Ulsoor,
Bangalore-560008.
18.Sri.Syed Muthi Ahmed,
No.10-C, 2"' Street,
Chandni Chowk Road Cross,
Shivajinagar,
Bangalore-560 O51.
19.Sri.R.Sukumaran,
No.27, 'Kzzvisillam',
9" Cross, Vinayaka Layout,
Manorayanapalya,
Bangers:-560 032.
20.Sri.A.A1'okiasWamy,
Vanashram, Thambuchcttypalya,
K.I~'._Puram,
Baxigalow-560 036.
21.Sri.K.Raghava1L,
No.346/5, Raviprakashnagar,
Koncnaagrahara,
Bangalmce-560 017.
22. S1'i.M.Ramak1'is1mappa,
No. 1 10, Ycmalur,
Ycmalur Post,
Bangalarc-560 037.
23.Sri.A.K.As:huthan.,
N0368, Ayswarya,
Ist Cross, Vinayaknagar,
Amiasatidrapalya,
HAL Post,
Bangalore-560 O17.
24.Sri.H.B.Sunda1'a1<11ma1',
No.242, Ist Cross, 8"' Main,
BDA Layout, Byrasandra,
J.-ayanagar, Ist Block East,
Bangalore-560 011.
25.S1i.A.K1isln1a13,
No.60, 5"' Cross,
Kodihalli,HAL II Stage,
Ba11ga1cv1'e--S6(} O03.
AP1-'NT. IN A.I'-10.1200/03
APPNT. LN A.N().12.01/03
A1-'PN'1'. IN A.N0.1202/03
APPNT. IN AND. 1203/03
.. APPNT. IN AND. 1204/03
APPNT. IN Al'-10.1205/03
APPNT. INA.NO. 1206/03
.. APPNT. IN A.NO.1207/03
APPNT. IN A.N0.1208/03
26.S1'i.C.JOz3c': V/a1'gl1eese,,
No.30/11, Ist Main Road,
2"" Cross, Vivckanagar,
Banga1ore--560 047.
27.Sri.M.Puttaraj11,
No.18, 4*' A Cross,
Kanakanagar,
R.T.Nagar Post,
Bangalore-560 032.
28.Sn'.C.Kanfl1araj,
No.987, 8*' Cross,
HAL Colony, New Township,
Banga1o1'e--560 037.
29.S1i.B.Rama Mohan,
No.1141, Ist floor,
9*' Main, 5*" Cross,
S1inivasa:uaga1' 1st Stage,
BaI"1ga1ore--560 050.
30.Smt.Mumtaz Hussain,
No.155/A, Masjid Slrcct,
Muniswamy Garden,
N eela;-sandra,
Bangalore-560 047.
31.Sri.S.Bl1askar Naidu,
No.436/2A, NAL Road,
Manjunatha Layout,
Mmgeslxapalya, HAL Post,
Bangalore-560 017.
(by Sri.N.Thimme Gowda, adv.)
..VS=
The Secremxy,
Aircraft Employccs Co-op.
Society Ltd., No.15,
IstC1'oss, C.K.C.Garden,
B.1.0.l10spita1, K.11.Road,
Bangalore ~ 560 027.
{by Sri.G.Cl1and1'as11e1dxa1'aia11, adv.)
(by Sri.S.A.Maruthi Prasad, adv.)
.. APPNT. INA.N0.1209/03
APPNT. IN A.NO.S60/04
APPNT. IN A.NO.561/04
.. APPNT. IN A.ND.562/04
.. APPNT. LN A.NO.563/04
.. APPNT. IN A.N0.564/U4
RESDTJN ALL THE APPEALS
ORDER
JUSTICE CHANDRASI-EEKARAIAH. PRESIDENT All these appeals are by the complainants challenging the order of the DF. The complainants have filed complaints before the DF seeking for a direction to the Society to deliver possession certificate and also to issue no objection to get ltatha certificate.
The DF after hearing both parties have dismissed the complaints recording the finding that the dispute between the parties cannot be decided in a stlnnnary proceedings. In our opinion the View taken by the DF is not correct. It is an admitted fact that on the applications filed by the complainants the society allotted sites and executed sale deeds on various dates during the year3l996 to 1993 in favour of the complainants. Thereafter, when the complainants made a request for issue of possession certificate the same was denied. This made the complainants to file complaints before the DF. When the society has already executed sale deeds after collecting necessary consideration there is no reason for the society to deny delivery of possession certificate since the title in respect of sites allotted have already been transferred in favour of the complainants. Therefore in our View it is a clear case of deficiency in service on the part of the society and therefore, we hold that the complainants are entitled for delivery of possession certificate and also no objection certificate for the puipose of obtaining katha certificate.
Sii.Shaik Johar I-Iussain, adv. for resdt. asked for an adjournment. The same was rejected as there is no good ground to adjourn the appeals.
The LC for the resdts. submitted that as per clause 9 of the sale deed it is open for the society to ask for additional payment Whenever there is demand for addl. payntent from the BDA and other authorities for development work. If there is such a demand it is open for the society to recover the same from the allottees. But this will not come in the Way of the society to deny delivery of possession. Further after obtaining possession if the complainants want change of the kathas to their names and for that if no objection certificate is required fiom the society,, the same required to be issued to the complainant.
In the result, we the following ORDER All these appeals are allowed. The impugned order of the DF is set aside with a direction to the resdt.--society to issue possession certificate and also no objection certificate as prayed for in the complaints. However, this order will not come in the Wag of the society collecting additional amount from the complainants per clause 9 of the sale deeds; The parties to bear their own COSTS.
MEh£BER PRESIDENT NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI '*2? N REVISION PETITION NO. 3258 OF 2004 (From the order dated 27.9.2004 in Appeal N 09/03 & /ta 560/O4 to 564/04 ofthe State Commission, Kttrnataka) .------------"""""'-'--'~j' The Secrgtafy, Aircraft 1' K IO ht, x Employees Co-operative Society Petitioner \ O6 2 \ V5- . " ( Section O7'.*2'*.i' \ Sh. K. Ramachandran & Ors. Respondents National Con: t1ir'1":: msputes " A , Red.res:»s::rl Cc:i:'rnni.3«s..an New tin-i:].tti~1 10.101 ,...............___.._...........
A REVISION PETITION NO. 188 OF 2005 iwM__W____ (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 ofthe State Commission, Ktmtznaka) The Secretary, ;Air-craft Employees Co--operative Society Petitioner Vs. Sh. Rajashe1<ar ' Respondent 7 . REVISION PETITION NO. 189 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnataka ) The Sec1*etztry5 Aircraft Employees Co-operative Society f Petitioner Vs. Sh. Raghavan Respondent b V REVISION PETITION NO. 190 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnataka )1 The Secretary, Aircraft Employees Co-operative Society Petitioner ' VS. ' '_~* '~ Sh. Maila Naiki ... Respondent REVISION PETITION NO. 191 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 tr 1209/03 & 560/04 to 564/04 ofthe State Commission, Kamatata) The Secretary, Aircraft Employees Co-operative Society Petitioner Vs. I Sh. Swamykutty Respondent ' REVISION PETITION NO. 192 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnata"/:a) The Secretary, Aircraft Employees Co--operative Society Petitioner Vs. Sh. M. Rainakrishnappa Respondent REVISION PETITION NO. 193 OF 2005 6 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Kamatai .a) The Secretary, Aircraft Employees Co--operative Society Petitioner Vs. . 3 Sh. R. Krishnamurthy Respondent REVISION PETITION NO. 194 OF 2005 .
(From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 500/O4 to 564/04 of the State Commission, Karnatai 3) The Secretary, Aircraft Employees Co-operative Society Petitioner Vs. ' Sh. A.G. Ramachandrzm Nair Respondent REVISION PETITION No: 195 or 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 &. 500/04 to 564/04 ofthe State Commission, Karnatat 21) The Secretary, Aircral':
Employees Co--operati ve Society Petitioner Vs. Respondent V. Muniswamy 3 REVISION PETITION NO. 196 OF 2005 I (From the order dated ;,7.9.20o4 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to:564/04' ofethe State Commission, Kéfmaitaka) The Secretary, Aircroaftel Employees Co-operative Society 69 Petitioner Vs. I ' Sh. Gopal '' ... Respondent L REVISION PETITION NO. 197 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 ofthe State Commission, Kammaka) The Secretary, Aircraft Employees Co-operative Society Petitioner Vs. Smt. Mumtaz Hussain Respondent REVISION PETITION NO. 198 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & " 560/04 to 564/04 ofthe State Commission, K211'l1Llt2lkE1 ) The Secretary, Aircraft Employees Co--operative Society Petitioner Vs. Sli. HB. Sundran Kumar ' Respondent I _ . REVISION PETITION NO. 199 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & I 560/04 to 564/04 of the State Commission, Kamataka) The Secretary, Aircraft Employees Co-operative Society Petitioner Vs. Shri A. Krislinan _ Respondent . REVISION PETITION NO. 200 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & I = 560/04 to 564/04 of the State Commission, Kamataka) The SecretaI"y,e§Airicraft Employees Co--operative Society Petitioner Vs. I I I Sliri H.S. Verikataclialam Respondent REVISION PETITION NO. 201 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 LO 564/04 of the State Commission, Karnataka) The Secretary, Aircraft Employees Co-operative Society Petitioner Vs. Shri Albert Daniel Respondent REVISION PETITION NO. 202 OF 2005 .4 (From the order dated 27.9.2004 in Appeal Nos. 1184/03gto;§_1209/03 & 560/04 to 564/04 of the State Commission, Karnataka) ' The Secretary, Aircraft .
Petitioner Employees Co-operative Society Vs. Shri C. Kantharaj Respondent REVISION PETITION NO. 203 OF 2005 H (From the order dated 27.9.2004 in Appeal Nos. 1184/03;to,?:1209/03 8; 560/04 to 564/04 of the State Commission, Kamataka) The Secretary, Aircraft Employees Co~operative Society Petitioner Vs. Shri A. Arokiaswamy Respondent REVISION PETITION NO. 204 or 2005* (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnatalca) The Secretary, Aircraft Employees Co-operative Society Petitioner Vs. I « 'P Shri S.Bhaskar Naidu Respondent REVISION PETITION NO. 205 OF 200510 'C (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission,«Karnataka) The Secretary, Aircraft Employees Co--operative Society 4 Petitioner Vs. .
Respondent Shri Girimadaiah ..,,§..
LII . \ REVISION PETITION NO. 206 OF 2005 (From theiorder dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & i Q 560/O4 to 564/04 of the State Commission, Karnataka ) The Secretary, Aircrafi Employees Co--operative Society Petitioner Vs. Shri B.M. Mohammad Ayyoob ... Respondent I 1, I REVISION PETITION NO. 207 OF 2005 (From theoijcler dated,727.9.2004 in Appeal Nos. 1184/03 to 1209/03 & I 560/04 to 564/04 of the State Commission, Karnataka ) T he Secretary, I ' EmpIoyees.Co{(j>peratiye. Society ; Petitioner Vs. I I ' 1 Shri M. Bassappa , ... Respondent E M REVISION PETITION NO. 208 OF 2005 (From theiorder dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & ' 560/O4 to 564/04 of the State Commission, Kamataka ) The Secretary,lAircraft Employees Co-operative Society Petitioner V 3. ' 1 ,' Shri B. Rama Mohan I Respondent g; .. . REVISION PETITION NO. 209 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & I 560/04 to 564/04 ofthe State Commission, Kctrnatalm ) The Secretaiy, Aircraft Employees Co-operative Society Petitioner Vs. Shri Mohammad Ayyub Respondent , , REVISION PETITION NO. 210 OF 2005 (Frprntheporder dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & I f' 560/O4 to 564/04 of the State Commission, Karnataka) The Secretary, Aircraft Employees Co--operative Society Petitioner V5. 1 5 I ShriB.V. Lalcshmipathi , Respondent REVISION PETITION NO. 211 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1 184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnataka) The Secretary, Aircraft Employees Co--ope'rziti\'e Society Petitioner Vs. Shri M. Puttaraju \ Respondent REVISION PETITION NO. 212 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnataka) The Secretary, Aircraft Employees Co--operati\'e Society Petitioner Vs. Shri C. Jose Varghecse Respondent REVISION PETITION NO. 213 OF 2005 L (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Kamataka) The Secretary, Aircraft Employees Co-operative Society . Petitioner Vs. .
Shri A.K. Achuthan Respondent REVISION PETITION NO. 214 OF 2005?; (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnataka) The Secretary, Aircraft Employees Co-operzitive Society Petitioner Vs. Shri M. Hafeez Khan Respondent REVISION PETITION NO. 215 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission,' Karnataka) The Secretary, Aircraft .
Employees Co-operative Society Petitioner Vs. Shri Sridhara Mayya Respondent ~ 2 REVISION PETITION NO. 216 OF 2005 (From the order dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 560/04 to 564/04 of the State Commission, Karnataka ) The Secretary, Aircraft Employees Co-operative Society Petitioner Vs. I .
Shri Syeed Muthi Ahamed Respondent 5 REVISION PETITION NO. 217 OF 2005 (From theiorder dated 27.9.2004 in Appeal Nos. 1184/03 to 1209/03 & 56:0/O4 to 564/04 of the State Commission, Karnataka) The Secretary, Aircraft Employees Coéoperative Society 5 Petitioner ~ Vs. "T Shri R. Sukumaran Respondent BEFORE :
HON'Bi'LEi SHRI JUSTICE K.S.GUPTA, I 5 PRESIDING MEMBER MRS. RAJYALAKSHMI RAO, MEMBER For tliel'etitioiier Shri Sharan Thakur, Advocate ,For tl1e_{,_Respondent Shri M. Gireesh KL, Advocate DATED : ii"':LNovcmi;ei-, 2005 A I O R D E R JUSTICE K.S:GUPTA, MEMBER T11is.or;idei~ will govern the disposal of R.P. No. 3258/04 and R.P. nos. 188/05, 189/05, 190/05,0191/O5, 192/05, 193/05, 194/05, 195/05, 196/05, 197/05, 198/05, 199/05, 200/05, 201/05/£1202/05,203/O5, 204/05, 205/05, 206/05, 207/05, 208/05, 209/05, 210/05, 211/05, 213/05, 214/05, 215/05, 216/05 and 217/05.
These petitions are directed against a common order dated 27.9.2004 of Karnataka State Disputres Redressal Commission, Bangalore allifiwing appeal nos.
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81 184/O3 to 1209/03 & 560/04 to 564/04 filed by the respondents/complainants against tire"
common order dated 12.9.2003 ofa District Forum whereby complaintswere dismissed. In terms of imp/ugned order, petitioner/opposite party has been directed to issue possession certificate and no objection certificate to the respondents' observing that this order will not come in the way of the petitioner society in collecting additional amount from the respondents as per clause 9 of the sale deed (s). t V:
Respondents are members of the petitioner society. It was alleged that in the year 1986, petitioner issued a notification to form a residential layout at Kudlu and Singz1sand1'a villages after acquiring the required land. In July 1988 the petitioner fixed the sital value as under:
30 ftx 40 ft ' ; 1 Rs. 19,500/-- 3 60ftx40ft ; Rs.38,5OO/-9.
50 ft x 80 ft ; Rs. 62,200/-
Sital value was, thereafter, increased on 23.8.1993, 5.12.1994rand again in September, 1995 by the petitioner. On being paid that sital value the petitioner executed sale deeds in favour of respecstive respondents during the years 1996 tel 1998. it was alleged that petitioner again enhanced the sital Value which was objieicted to by the members including the respondents in the year. 2900. is Sincei the iizlanagement of petitioner had misappropriated huge funds of the society, anfeniquitiy Section 64 of the Kamataka Co--operative Societies Act had been initiated theiRegistirar of Societies by the order dated 16.3.2001. It was further alleged ithatdernand notices issued to the respondents to pay additional amount amounts to deficiency in service. In the complaints direction was sought for issue of possession certificate, no objection certificate and hand I -- -..n .
y(\::'3. .
"_,M , ,, K , ,,.-,..= . . zecrcrtraw '--~ eeer possespsioniofi the allotted sites by the petitioner society to the respondents.
,1 * ' Complaints werej contested by the petitioner. It was, inter alia, alleged that escalation in the cost of site mfixation of development charges were as per the decision taken in the General Body of the petitioner society held on 31.12.2000, Boards meeting, thereafter held on 5.1.2001, 26.3.2001 and office bearers meeting held on 7.3.2001. 17.3.2001, 19.3.2001 and 23.3.2001. Since respondents failed to pay the escalated cost ofthe site, they were not issued possession certificate (3) and no objection certificate (s). Under clause-9 of the sale deed (S), the respondents had agreed to pay to the society additional expenses incurred by it without any objection whatsoever.
Contentiion 'advanced by Shri Sharan Thakur for petitioner was that the society ought not to'have been directed by the State Commission to issue possession and no objection certificates to' the respondents without payment of additional amount as demanded through the notice dated 29.6.2001 by them, Demand raised by the society was pursuant' the made by Bangalore Development Authority through the letter dated 001. clause-9 of the sale deed [s) the respondents are botmd to pay the demanded. It was pointed out that the complaint in regard to alleged misappropriation of funds of the society has been dismissed by the Registrar of Societies during the pendency of these revisions. Copies of the said notice, letter and sale deed (s) are placed on the file. Clause--9 of the sale deed which is material. reads thus:
" Should any additional sum be demanded from the Bangalore Development Authority/Corporation/tile Bangalore Water Supply and pSewerage,Board/ the Karnataka flectricity Board, or should any abetternzent or other charges be demmded by any of those Corporate ibocflies, or should any enhancementfo: land be on/ereid by any Court, and the Society is required to pay any additional sum apart from what has : ';,«'g:- _ 74 ~ ,t 1 . ; , M_'w_;'"_"_ ». , . ' r ** ..,;..:... ,._.z::". ,.' x.u.,..»..-... , .....
l0 been mentioned above, the member hereby agrees and so/emnty undertakes to pay the Sc ciety to the extent of any additional t.'.\'/)L'I'I..\'~.',,i.'r.';:'* incurred by it, without any objection whatsoever. The member will be 121:" hie tomake good the amount demanded within the month from the date oyzysyflgzy intinzation sent by the Society in this behalf "
Additional demand based or. further demand by Bangalore D :velopment Authority, was raised after execution of the sale deed (s). In vie\ ofsaid clause 0, the respondents cannot insist for issue of possession and no objetstion certiiicates and delivery of allotted sites without making payment of the demmded amount to the petitioner society. Weeare unable to accept the contention advanced by Shri Gireesh Kumai: for respo tdents that in View of respondents having paid the increased sitttl valtte, they etnnot be f'tLl'l.h€l' made to pay the demand for additional amount as rased by the petitio.ter society. State Comrnission had acted with material irregularity in ordering the etitiorer to issue ossession and no ob'ection certificates and unnecessaril drivin I the ' iontl amount from respondents by resorting to civil litigation.
. or ;" , i society to relleise the tag Order ' tnder chal enge, thus, c..tnnot be legally sustained and deserves to be set aside.
Consetgut '1tly,i iii/hiletalzowing aforementioned revision petitions the order dated 27.9.2004 is 2. aide omtlaints dismissed. No order as to cost, l .
; K.S. t_.v5UPTA) it PRELJDING MEMBER Vs tt<Aa'v;;/tttigsbttttatoy MEMBER 4!