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2011 Supreme(SC) 1500

MARKANDEY KATJU, GYAN SUDHA MISRA
H. K. K. Bail – Appellant
Versus
Cyma Exports Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Anitha Shenoy, Advocate.
For the Respondent:Mr. Navin Prakash, Advocate.

ORDER :

1. Heard learned counsel for the parties.

2. This Appeal has been filed against the impugned judgment and order dated 07th April, 2005 passed by the High Court of Karnataka at Bangalore in C.R.P. No.1470 of 2002.

3. The facts giving rise to this appeal are that the appellants filed a complaint petition before the Karnataka State Consumer Disputes Redressal Commission, Bangalore, which was allowed by the State Commission by its order dated 16th December, 1993., copy of which is Annexure P-4 to this appeal. Admittedly, no appeal was filed against that order and the same became final. The relief sought in the complaint was to the following effect:-

    "To issue a decree in the nature of direction directing the opposite party to complete the construction of flat No.3 on the 3rd floor of the Rajanigandha Building at No.21, Grant Road, Bangalore, in terms of the agreement dated 21.4.1980 and 23.4.1983 and handover the same to the complainants at the cost of Rs. 3,60,000/- and further directing the opposite parties to pay sum of Rs. 3,60,000/- as compensation for the negligence and failure of the opposite party to render prompt service to the complainant, loss of interest, mental agony,

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