UMA SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question an endorsement dtd. 24/8/2022 passed by the respondents concerning the schedule property and have sought a consequential direction to the respondents to consider their representations and pass appropriate orders.

(2.) Brief facts as borne out from the pleadings are as follows:-

(3.) The projects floated by the Company failed as in terms of the commitment made to the petitioners and the property was not delivered within one year from the date of making good the entire payment. It is, therefore, the petitioners filed a complaint before the jurisdictional Consumer Redressal Forum against the Company, which comes to be allowed by an order dtd. 17/11/2017 declaring that the petitioners would be entitled to the property along with interest at 18% per annum from the date of last payment being made. This was not complied with. The petitioners then file an execution petition seeking execution of the order passed by the Forum. In the execution petition an attachment order was made for one property bearing Flat No.1299/G1, Ground Floor, Manasa Residency Apartments, 24th Main Road, Magadi Chord Road, Bengaluru, which belonged to the Director of the Company and moneys due to them was sought to be realized by seeking the aforesaid property in attachment. The petitioners later appear to have ascertained the market value of the said property in terms of guidance value issued by the Government from time to time and found that the property would be valued approximately at Rs.62.00 lakhs. Based upon the proceedings in execution, recovery certificate was issued by the Consumer Forum with a direction to the Revenue Authorities to recover the amount that was due to the petitioners i.e., the value of the property as arrears of land revenue.