w w w . L a w y e r S e r v i c e s . i n



Suman Muniraj v/s M/s. Galaxy Projects (India) Pvt., Ltd., Bengaluru, Rep. by its Managing Director G.K. Ravi


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- GK CORPORATION PRIVATE LIMITED [Active] CIN = U15139KA2012PTC065143

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- S C T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2008PTC184418

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- GALAXY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC073209

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- GALAXY PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U70102KA2006PTC039110

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- RAVI AND COMPANY LIMITED. [Strike Off] CIN = U74300JK1997PLC001627

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- H. K. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2007PTC116467

Company & Directors' Information:- D M C PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140WB2005PTC105972

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- RAVI PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130360

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- J Y R PROJECTS PRIVATE LIMITED [Active] CIN = U70109TG2021PTC153917

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

    First Appeal No. 2065 of 2017

    Decided On, 29 June 2021

    At, Karnataka State Consumer Disputes Redressal Commission Bangalore

    By, THE HONOURABLE MR. KRISHNAMURTHY B. SANGANNAVAR
    By, JUDICIAL MEMBER & THE HONOURABLE MRS. M. DIVYASHREE
    By, MEMBER

    For the Appellant: G.M. Nataraj, Advocate. For the Respondent: S.K. Venkata Reddy, Advocate.



Judgment Text

Krishnamurthy B. Sangannanavar, Judicial Member1. This is an Appeal filed U/s 15 of Consumer Protection Act, 1986 by the Complainant/appellant herein aggrieved by the impugned order dated 21.06.2017 passed by 4th Add., District Consumer Disputes Redressal Commission, Bengaluru in C.C.No.1921/2014. (For short District Commission).2. Facts in brief would be, as the OP/respondent is a developer actively engaging in the activity of developing the layouts and other real estate projects and also he involved in marketing of sites, lands etc., The Complainant after negotiation during the first week of February 2011 agreed to purchase the plots to be formed by OP for a sum of Rs.6,66,500/- including Rs.16,500/- towards registration of the plots. In this regard, MOU entered in to between the parties and the OP/respondent agreed to pay 3% interest per month for the invested money till the OP/respondent gets the individual khatha. In this regard, the Complainant has paid a sum of Rs.1 lakhs on 29.01.2011 drawn on HDFC Bank Ltd., Whitefield branch, Bengaluru and Rs.5,50,000/- drawn on the same bank on 05.02.2011 towards the advance sale consideration with an intention to purchase the plots. He had paid total sum of Rs.6,50,000/-. However, the OP/respondent went on giving evasive replies time on time and failed to refund the amount paid at the time of booking of the sites with interest. The Complainant by an e-mail dtd.23.09.2014 also demanded for registration of two plots or in the alternative to refund the amount along with interest and thereafter issued a legal notice dtd.15.10.2014 demanding registration of two plots or in the alternative to refund the amount with interest. The Complainant made inspection of plots, wherein found that the layout has not at all formed and not even roads have been formed, layout is not provided with drainage, water supply, electricity supply as promised. Under such circumstances he raised consumer complaint U/s.12 of CP Act, 1986 before the Commission below which was resisted by the OP/respondent contending that the Complainant is not a consumer. He never approached to purchase the sites, but on the other hand he took hand loan for improvement of his business and borrowed Rs.6,50,000/- through cheques, out of which he has repaid Rs.5 lakhs in between 09.03.2011 to 05.06.2013 and the dispute arose when the Complainant demanded exorbitant rate of interest. The Complainant has secured some of the documents including blank signed and sealed stamp papers and On-demand pro-note, 2 signed blank cheques, to gain illegally, fabricated the documents to convert the loan transaction as consumer dispute. In view of such rival contention taken, the Commission below hold an enquiry by receiving Ex-A1 to A8 documents, thereby recorded as the Complainant has failed to establish the alleged deficiency in service for not complying the terms and conditions of the MOU by the OP and held the complaint is not maintainable, as a result dismissed the complaint with no order as to cost.3. Now this order is impugned in this appeal, on the grounds that the Commission below ought to have been noted that the cause of action for the Complaint is stated raised on 15.10.2014 when the Complainant issued notice to the OP demanding for registration of sale deed as promised by the OP. Sec.24A of the CP Act, 1986 prescribes for limitation within 2 years from the date of which the cause of action arisen and the Complainant has specifically stated that the cause of action for him arose on 15.10.2014 when the notice issued to the OP demanding for registration of the sale deed as promised was not at all considered by the Commission below and the findings recorded by the Commission below is contrary to the facts and law is liable to be dismissed.4. The Commission heard the learned counsels and gone through the impugned order dtd.21.06.2017 passed by 4th Addl. DCDRF, Bengaluru in CC.No.1921/2014. Now, we have to examine, whether findings recorded by the Commission below could be maintained Or required to be interfered in exercise of powers vested U/s.15 of the CP Act, 1986, for the grounds set out by the appellant in the appeal memo?.5. We could see description of OP in the complaint, as M/s.Galaxy Projects (India) Pvt., Ltd., represented by its Managing Director Sri.G.K.Ravi. In so far as this description, OP did not whisper, either denying or otherwise. Thus, it would itself make out prima facie as to its involvement in the field of forming layout and marketing of sites through advertisement. It is found from the complaint statement and enquiry that the complainant came to know about the sale of sites by forming layout by OP through advertisement, which is not at all denied by the OP. Thus, if we look in to the case from such angle, Op has to be consider as service provider and the complainant is consumer and the CP Act come in to the rescue of the complainant. However, this aspect of the matter was not at all considered by the Forum below, as such, we have to examine the case further keeping in mind the object of the Act.6. It is the case of the Complainant that MOU entered in to between the parties in connection with the purchase of two sites bearing 40’x40’ & 30’x50’ feet respectively and he has paid Rs.1 lakh on 29.01.2011 and Rs.5,50,000/- on 25.02.2011 drawn on HDFC Bank Ltd., In so for as receipt of Rs.6,50,000/- through cheques is not denied by the OP. However, he has taken a defence that Rs.5 lakhs was re-paid in between 09.03.2011 to 05.06.2013 which in fact is not at all shown by the OP, since he has failed to give not only his affidavit evidence but any of the documents to substantiate such contentions, since impugned order discloses that copies of documents marked on behalf of OP as NIL, whereas the Complainant/appellant produced cheques dtd.29.01.2011 and 05.02.2011 as per Ex-A1 & A2, receipts dtd.13.01.2011 and 05.02.02011 as per Ex-A3 & A4, MOU dtd.05.02.2011 as per Ex-A5, final notice dtd.15.10.2014 and email dtd.05.10.2014 as per Ex-A6 & A7 and postal acknowledgement due dtd.20.10.2014 as per Ex-A8 respectively, which are not at all perceived in right perception by the Forum below since, the Complainant has raised consumer complaint in the matter of purchase of two sites bearing 40’x40’ & 30’x50’ for which he has paid Rs.6,50,000/- and the OP has failed to form the layout as promised under Ex-A5/MOU dtd.05.02.2011 and it appears to us misinterpreted the rate of interest found in MOU, all though it is 3% interest per month Commission below perceived it as 3% p.a. which has to be said contrary to the facts on record.7. We have to bear in mind that, the deficiency in service on the part of OP has to be perceive from the contents of the complaint, version of the OP and the evidence placed on record by the parties as a whole and not in isolation. In other words picking here and there. However the Forum below failed to resolve the dispute between the parties to the complaint in right perception. No doubt it is true that the consumer complaint has to be decided summarily, since the object of the Act itself is to impart speedy remedy and the procedure to be adopted being summary, as such the Acts contemplated an additional benefits. In this regard, it would be appropriate to have a look on Sec.3 of the CP Act, 1986, which provides for “the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.” In other words ‘the remedy provided under the Act is an additional remedy besides those that may be available under other existing laws. The dispute between parties is so simple and not require any comprehensive trial alike a civil suit, as such same has to be held fits in under the purview of section 3 of the Act.8. Yes it is true Sec.24 A provides for limitation period as to raise a consumer complaint. It provides for raising complaint within two years from the date on which the cause of action has arisen and Sub.Sec.2 of this section provides for even after such period prescribed, the Forum has given power to entertain after such period, if satisfies he had sufficient cause for not filing the complaint within such period. Thus, this aspect of the matter was not at all considered by the Forum below, all though Complainant has satisfies that cause of action for the complaint arose on 15.10.2014, when he has issued notice to the OP demanding for registration of the sale deed as promised by the OP. Further he has filed complaint on 15.11.2014, well within the limitation period prescribed U/s.24A(1) of the CP Act, 1986, was not all examined by the Forum below.9. Further, in so far as rate of interest, we would observe herein, how much compensation has to be award and what rate of interest would to be award on th

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e amount received by the OP, is the sound discretion of the Forum below, is not at all perceived properly by the Forum below, resulting thereby recording of a wrong finding of the complaint case.10. In view of such discussions, we are of the considered view that the impugned order passed by 4th Addl., DCDRC, Bengaluru, could not be maintained for the reasons recorded has to be held contrary to the facts, probability and law is liable to be set aside and the complaint required to be remanded back to the Commission below for fresh enquiry and decision in accordance with law.11. Accordingly the appeal filed by the Complainant/appellant U/s.15 of the CP Act, 1986 is hereby allowed with no order as to cost. Consequently, remanded the Complaint Case No.1921/2014 to the Commission below to decide afresh affording opportunity of being heard to the parties and decide in accordance with law as early as possible.12. Send a copy of this Order to the District Commission and parties.
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