J. NAGI REDDY Vs. RAVI SHANKAR

JUDGEMENT

(1.) The present First Appeal, filed under Sec. 19 of the Consumer Protection Act, 1986, is brought forth by J Nagi Reddy, (henceforth referred to as the "Appellant" or "Opposite Party No.3"). This Appeal challenges the Order dtd. 8/12/2011 passed by the State Consumer Disputes Redressal Commission, Bangalore, Karnataka, (henceforth termed as "the State Commission"), in Consumer Complaint No. 145 of 2009, wherein the complaint filed by the Complainants (Respondents No. 1 and 2 herein) was allowed.

(2.) Concurrently, the Appellant, J Nagi Reddy filed an Appeal Execution against the Execution Order dtd. 31/8/2018 in Execution Petition No. 18/2014 in CC No. 145/2009 filed by the Complainants/Respondents herein before the State Commission, seeking issue of a Recovery Certificate for submission to Deputy Commissioner, Bangalore for the recovery of the specified amount.

(3.) Brief facts of the case as per the Complainant are that, the Complainants/Respondent No.1&2 entered into a Construction Agreement 7/12/2005 with the Appellant/OP3 to purchase a flat for a total cost of Rs.29,50,000.00. They paid Rs.4,35,000.00 initially and obtained Rs.21,65,944.00 IDBI bank loan. In addition, the Complainant made payment of Rs.8,96,826.00 towards EMIs from December 2005 till 2009. Thus, they paid Rs.34,97,770,.00 which is acknowledged by OPs. The possession of the flat was to be delivered on or before 28/2/2006. A sale deed was executed in favour of Complainants on 6/1/2006. According to Complainants, the possession was not handed over, while the Appellant claimed handing over possession. Complainants later discovered that OPs did not in fact possess marketable title for the said land in question. Some members of SC and ST community had initiated legal action, that the said land could not be sold or transferred under the Karnataka Scheduled Tribes Prohibition of Transfer of Land laws.