DIVYA CHADRI Vs. MADHUVANA HOUSE BUILDING SOCIETY LTD

JUDGEMENT

(1.) The present Second Appeal under Sec. 51(2) of the Consumer Protection Act, 2019 (for short "the Act"), has been preferred by the Appellant/Complainant assailing the Order dtd. 27/1/2022, passed by the Karnataka State Consumer Disputes Redressal Commission, Bengaluru (for short "the State Commission") in Appeal No. 780 of 2021. By the Impugned Order, the Complainant/Decree Holder was directed to recover the compensation amount first and further directed the Judgment Debtor/Opposite Party to allot alternative site to the Complainant within six months from the date of approval of the new layout to be formed and handover possession to the Complainant by collecting the amount from the Complainant as per the revised rate, if any. The Executing Court/District Commission was given the said directions to dispose of the Execution proceedings pending being proceedings enumerating from EA No. 193 of 2018. For ready reference the operative part of the Order dtd. 27/1/2022 passed by the State Commission is reproduced below:-

(2.) Succinctly put, the material facts given rise to the filing of present Appeal are that the Complainant filed Consumer Complaint before the District Forum being CC No. 1129 of 2016, seeking allotment of Unit at site, which came to be allowed by the District Forum Vide Order dtd. 27/2/2017 directing the Respondent Company to refund the entire amount deposited along with interest, compensation and costs. Upon Appeal being preferred by the Complainant/Decree Holder before the State Commission via Appeal No. 734 of 2017, the State Commission, Vide Order dtd. 18/6/2018, directed Respondent Company to handover possession of the scheduled site or to provide alternative site. Execution Petition being E.A. No. 193 of 2018 came to be filed by the Decree Holder/Complainant before the District Commission, wherein, the Respondent Company filed IA under Sec. 13(3B) 26 of the Consumer Protection Act, 1986 Read with Order VII, Rule XI of the Civil Procedure Code, seeking to dismiss the Petition. For reasons assigned therein, the Application was dismissed by the District Commission Vide Order dtd. 14/9/2021 and Execution Application was directed to be listed for Compliance of the Order passed in First Appeal No. 734/2017. The said Order was challenged by the Judgement Debtor by filing First Appeal No. 780 of 2021 which was disposed of vide Order 27/1/2022 referred to above.

(3.) I have heard the learned Counsel for the Applicant, perused the Memo of Appeals, various Orders passed by the State Commission and the District Commission and also other documents on record.