KENDRA UPADYAYARA SANGHU Vs. SRI MARISWAMY

JUDGEMENT

(1.) In this revision petition there is challenge to order dated 14.2.2011, passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short 'State Commission').

(2.) Brief facts of this case are that respondent/complainant being one of the members of the petitioner society/opposite party had applied for allotment of a site in the layout to be formed by the petitioner. Respondent deposited the entire amount in respect of allotment of the site. Thereafter, site No.47 formed in the layout situated in Survey Nos. 63/2 and 61/3 of Jaraganahalli Village came to be allotted and subsequently registered in his favour on 9.12.1993.

(3.) However, High Court in WP No.5179/ 1993 filed by Sri Banashankari Temple Authorities held that the formation of 24 sites in Survey Nos. 63/2 and 63/3 of Jaraganahalli village was unauthorized and illegal. Thereafter, Temple authorities approached the Special Deputy Commissioner, Bangalore, complaining about the illegal acts of the petitioner. The Special Deputy Commissioner initiated inquiry against the petitioner and allottees of site and after hearing the parties held that the Sale Deeds executed by the petitioner in respect of 24 sites including the Sale Deed of the respondent dated 9.12.1993 are null and void. The said order of the Special Deputy Commissioner came to be final and on account of the acts of the petitioner, the respondent has lost his site.