RAJGOPAL S/O SHIVASHANKARRAO, R/O JYOTI FOOTWEAR, GANDHI CIRCLE, GANGAVATHI, TALUK, GANGAVATHI, DISTRICT : KOPPAL KARNATAKA Vs. VENKATESH S/O SHANKAR KUDTARKAR, SRI SHANTA DURGA CHAMUNDESHWARI DEVELOPERS, GANESH JWELLERS, GANESH CIRCLE,GANGAVATHI KARNATAKA

JUDGEMENT

(1.) Challenge in these Revision Petitions under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, the Act) is to the common order dated 12.11.2014 passed by the State Consumer Disputes Redressal Commission, Karnataka, Bengaluru, (in short, the State Commission), in First Appeal Nos.103/2013, 104/2013, 105/2013 and 106/2013 preferred by the Complainants, respectively. By the impugned order, the State Commission, while concurring with the order of the District Consumer Disputes Redressal Forum, Koppal (in short, the District Forum), modified the order by reducing the rate of interest from 10% p.a. to 8% p.a., and confirmed the rest of the order.

(2.) Since all these Revision Petitions pertain to common facts and arise out of the common impugned order, they are being disposed of by this common order. For the reasons cited in the applications seeking condonation of delay, delay of 14 days each, in RP 934/2015 RP 935/2015 and 245 days each, in RP 2905/2015 and 2906/2015 is hereby condoned. It is pertinent to note that the Respondent did not chose to file reply to these applications. Having regard to the absence of any objection to the applications for condonation of delay and also keeping in view that the reasons given are satisfactory, the said delay is hereby condoned.

(3.) The facts material to the case are that when the Complainant was a minor, his father had taken Membership in the Scheme floated by the Opposite Party as he had attained majority as on the date of filing of the Complaint, in his name. It is averred that in the said Scheme, namely, Sri Shanta Durga Chamundeswari Developers, Gangavathi, in Survey No. 175/W, (Layout in Sy. No.11/C). The total number of plots were 80, measuring 30 x 40 sq.ft. each extending to 1200 s.ft., with 55 instalments @ Rs. 1,000.00 p.m. It is stated that the Membership No. is 24 and the plot allotted is No.23 and the Scheme commenced on 17.06.2006 and closed on 17.12.2010. It is averred that the Complainant had paid Rs. 1,000.00 p.m., without any defaults, for fourteen months, together with an advance amount of Rs. 3,000.00 totalling to Rs. 17,000.00 and thereafter the Opposite Party did not accept any further instalments.