K VENKATAPPA Vs. SUNDARESH

JUDGEMENT

(1.) THIS Writ Petition is filed by the appellant In appeal No. 1803/2008 on the file of the Karnataka State Consumer Disputes redressal Commission (hereinafter referred to as 'the State Commission'), bangalore, being aggrieved by the order dated 14. 10. 2008, wherein the appeal filed by the writ petitioner herein has been dismissed.

(2.) THE petitioner herein filed complaint No. 68/ 2008 before the District consumer Disputes redressal Forum (for brevity, 'the District Forum'), Shimoga, seeking a direction to the Opponent - respondent herein to pay a sum of rs. 9,00,000/- together with interest at 16% per annum from: 08/07/2006 on Rs. 2,00,000/-; 20/07/2006 on Rs. 3,00,000/- and 11/08/2006 on rs. 4,00000/- to the complainant and further, to pay the complainant a sum of Rs. 1,00,000/- towards general damages and Rs. 1,000/- towards expenses of the legal notice.

(3.) THE Opponent resisted the application by stating that the claim made by the complainant before the District Forum is not maintainable as the same is not a consumer dispute and the complaint is for recovery of money and the complainant ought to have approached the Civil Court. According to the Opponent, the complainant, his wife - Kausalyamma and son - Mohan Raju had agreed to purchase the garden land of the Opponent bearing Sy. No. 72 measuring 05 Acres 03 Guntas situate at Yadehalli village, Holehonnur hobli, Bhadravathi Taluk for a sum of Rs. 52,50,000/-and there was no written agreement In that behalf. In pursuance of the said oral agreement dated 03. 07. 2006, the complainant, his wife and son paid Rs. 11,00,000/- as part payment to the Opponent. It was agreed between the parties that the complainant, his wife and son had to get the sale deed registered in their favour within one month from the date of the oral agreement, after paying the balance of sale consideration to the opponent. The complainant, his wife and son were not in a position to pay the balance of sale consideration to the Opponent and to get the sale deed registered. In that connection, a panchayath was held on 23. 012008 and the contract between the parties was terminated. As per the decision of the panchayat, the Opponent repaid a sum of Rs. 8,00,000/- to Smt. Kousalyamma, the wife of the complainant, by way of cheque bearing no. 098538 dated 23. 01. 2008 drawn on State Bank of Mysore, after deducting Rs. 3,00,000/- towards harvest of areca crop by the complainant and the said cheque was encashed by Smt. Kousalyamma. The complainant, suppressing the true material facts, has approached the district Forum for recovery of money without any basis and the complaint is liable to be dismissed after enquiry.