COUNTRY CLUB LTD Vs. K. DHAMODHAR

JUDGEMENT

(1.) Challenge in these proceedings is to the order dated 14.6.2011 passed by the Karnataka State Consumer Disputes Redressal Commission (for short 'State Commission') in appeal No. 4506/2010. The appeal before the State Commission was filed by the complainant against the order dated 28.9.2010 passed by III Additional Bangalore Urban District Consumer Disputes Redressal Forum in consumer complaint No. 2928/2009 by which order the said District Forum had dismissed the complaint. In appeal, the State Commission has not only allowed the appeal but also the complaint with direction to the petitioner herein to refund jointly and severally the amount paid by the appellant, i.e., Rs. 1,60,000 together with interest @ 18% p.a. from the date of receipt of payment till realisation with costs of Rs. 5,000. We have heard Mr. Aditya Narain, Counsel for the petitioner. No one appears on behalf of the respondent despite due service of notice through registered AD post and a sum of Rs. 7,500 have been duly remitted and received by the respondent to meet travel and allied expenses. In the circumstances, we had not the advantage of hearing of say of the respondent. On the first date of hearing it was represented by the Counsel for the petitioner before us that the petitioner is willing and prepared to execute the conveyance deed of the plot in question which was given to the respondent on complementary basis, on his becoming the member of the petitioner's scheme provided the respondent was prepared to bear the expenses in connection with the administrative charges, stamp duty and registration charges, etc. Consequently, notice was issued on the above aspect. The present case has a somewhat chequered history inasmuch as we notice that before filing complaint, the complainant had filed a complaint No. 1835/2009 which was dismissed vide order dated 10.8.2009 by observing as under:

(2.) In our view, having regard to the limited controversy raised in the two complaints, the State Commission has gone beyond its jurisdiction to grant the kind of relief, i.e., refund of the amount along with interest @ 18% p.a. as has been granted in the appeal. The impugned order is not legally sustainable and needs to be set aside. In the result, the revision petition is allowed and the order passed by the State Commission is hereby set aside. However, in view of the stand taken by the petitioner even if before this Commission, we direct the petitioner to execute the conveyance deed in respect of the plot in question in favour of the complainant within a period of two weeks with effect from the date of receipt of amount of Rs. 15,000 which shall be paid by the complainant within a period of four weeks. If the complainant/ respondent fails to pay Rs. 15,000 it will not be obligatory on the part of the petitioner to execute the sale-deed. The revision petition stands disposed of in above terms. Copy of this order be forwarded to the respondent immediately.