Date of filing: 15.07.2021 Date of disposal: 16.09.2022 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 16.09.2022 PRESENT Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER Mrs. DIVYASHREE M : LADY MEMBER APPEAL NO.521/2021

1) The President, State Government Employees Housing Corporation Society Limited, No.44 and 45, Ground Floor, Asain Business Centre, (Behind KBN Hospital), Kalaburagi – 585102.

2) The Chief Executive Officer, State Government Employees Housing Corporation Society Limited, No.44 and 45, Ground Floor, Asain Business Centre, (Behind KBN Hospital), Kalaburagi – 585102. …..Appellant/s (Advocate – Sri.S.S Halalli)

V/s Sri.Shankarappa Banappa Sajjan Shetty, Age 78 years, Occ:Retired Government Officer, House No.18, Janatha Housing Colony, Karuneshwarnagar, New Jewargi Road, Kalaburagi – 585310. …..Respondent/s (Advocate – Sri.Byregowda N)

APPEAL NO.522/2021

1) The President, State Government Employees Housing Corporation Society Limited, No.44 and 45, Ground Floor, Asain Business Centre, (Behind KBN Hospital), Kalaburagi – 585102.

2) The Chief Executive Officer, State Government Employees Housing Corporation Society Limited, No.44 and 45, Ground Floor, Asain Business Centre, (Behind KBN Hospital), Kalaburagi – 585102. …..Appellant/s (Advocate – Sri.S.S Halalli)

V/s Shashikala, D/o Narasreddy, Age 42 years, Occ: Assistant Teacher, R/o Plot No.36/8, Biddapur Colony, Kalaburagi – 585103. …..Respondent/s (Advocate – Sri.Byregowda N)

COMMON ORDER

Mr.K.B SANGANNANAVAR, JUDICIAL MEMBER These Appeals are filed U/s.15 of C.P Act, 1986 by OP-1 & 2 in CC No.158/2019 and 175/2019 on the file of District Consumer Disputes Redressal Commission, Kalaburagi, aggrieved by the order dated 21st April 2021.

2. The Commission examined the grounds of Appeal, impugned order and heard learned counsel on record for the Appeals.

3. Learned counsel for Appellants submit, complaints filed are beyond the period of limitation and such complaints were been entertained, even without condoning delay and submits Consumer Commission shall have no jurisdiction to entertain the dispute between members of co-operative societies and the society. Further submits, the alleged legal notice dated 16.08.2019, alone will not extend limitation against his own admission, as a decision was taken to allot a new site in General Body held on 25.09.2016 which was date of cause of action and not the date of legal notice was not considered by Forum below.

4. In Appeal No.521/2021 site No.25 has been got registered in favour of the complainant under registered sale deed dated 21.11.2012 and in Appeal No.522/2021 site No.26 has been got registered in favour of the complainant under registered sale deed dated 05.12.2015. Accordingly the respective complainants have been paying property tax to the concerned Panchayat is sufficient to make it clear that there was no high tension line passing through the said land at that point of time. It is only on the receipt of letter by KPTCL dated 24.02.2016, Appellant society came to know that the high tension line is passing through survey No.85/1 & 85/2.

5. Let us examine the impugned order, wherein could see the respective complainants in their complaints have sought for issuance of direction to Appellant No.1 & 2 to allot plot and register a new plot measuring 40’x60’ at the old price which has already been paid and to direct OPs/Appellants to refund Rs.5,26,200/- along with interest @ 18% p.a and to compensate for appreciation of the present market value of the plot as per Rs.3,500/- per square feet and sought award of compensation of Rs.1 lakh. They have also sought for other ancillary reliefs against OPs.1 & 2 for rendering deficiency of service and the complaints were contested by OPs and the Commission below held, Commission has got jurisdiction to entertain the complaint and in CC No.158/19 connected to Appeal No.521/2021, directed OPs.1 & 2 jointly and severally to deposit a sum of Rs.5,26,20