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TMI Blog2018 (2) TMI 1741X X X X Extracts X X X X X X X X Extracts X X X X ..... as per the petitioner/complainant are that the respondent/opposite party in their notification dated 05/04/2006 had published and informed that, they had been able to procure additional lands at Ramgiri, Next to Gokula Vidya Kendra within 05 kilometer from the International Airport NH 17 and nearer to Sir. M. Vishweshwaraiah Institute of Technology and ITC Factory and 28 Kilometers from Vidhana Soudha, Bangalore. They also assured that, they would complete the infrastructure with wide tar road, water, underground drainage with sewerage treatment plant, electricity, borewell and landscape for park, garden, avenue trees and compound wall with gate. The respondent had also assured about clear marketable title and that the layout would be got a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present complaint with the following prayer: * Direct the respondent Nos. 1 to 4 jointly and severally allot and register a site measuring 40 x 60 feet in the name of the petitioner in the layout - Green Field Gardens - Phase III belonging to the respondent No. 1 and put the petitioner in physical possession along with possession certificate and other related copy of documents regarding marketable title within 30 days of collecting the balance site value if any from the petitioner. * To aware compensation to the petitioner to the extent of Rs. 10,00,000/- payable by the respondent Nos. 1 to 4 jointly as the respondents have intentionally with mala fide intention not allotted a site and mental agony and loss to the petitioner even though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tain all approvals, since there was a prohibition under the Karnataka Land Revenue Act against purchasing of agricultural land by any Society. The approvals and conversions of layout were under progress and sites were released by the BIAPPA for registration. Hence, there was no mala fide intention and there was no deficiency in service on the part of the respondents. If however the petitioner was unwilling to accept the allotment of site, she was at liberty to receive back the amount paid by her along with a reasonable rate of interest as decided by the District Forum. 4. The 1st Additional District Consumer Disputes Redressal Forum, Seshadripuram, Bangalore - 20, vide its order dated 20 March 2016 while partly allowing the compliant gave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder with regard to the date from which interest has to be paid by the appellants. 10. After hearing either side, the impugned order is liable to be modified regarding duration of the interest as ordered by the District Forum in the best interest of both the parties. Hence, the following order is passed: The above appeal is hereby allowed partly and the order passed by the District Forum is hereby modified accordingly. The OPs are directed to refund the sum of Rs. 7,22,020/- to the complainant along with interest at the rate of 15% per annum from the date of complaint till the date of realisation with cost of Rs. 2,000/- and to pay the interest amount within 30 days from the date of receipt of this order. Amount in deposit shall be tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive remedy to the consumers. "It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against the orders of the Consumer Foras". 10. In Balwant Singh Vs. Jagdish Singh & Ors., (Civil Appeal No. 1166 of 2006), decided by the Apex Court on 08.07.2010 it was held: "The party should show that besides acting bona fide, it had taken all possible steps within its pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstrued liberally so as to advance substantial justice but that would be in a case where no negligence or inaction or want of bona fide is imputable to the applicant. The discretion to condone the delay is to be exercised judicially i.e. one of is not to be swayed by sympathy or benevolence." 13. In R.B. Ramlingam Vs. R.B. Bhavaneshwari, 2009 (2) Scale 108, it has been observed: "We hold that in each and every case the Court has to examine whether delay in filing the special appeal leave petitions stands properly explained. This is the basic test which needs to be applied. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition." 14. We are of the view that the appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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