These Appeals are filed U/s 41 of Consumer Protection Act, 2019 (in short CP Act) by appellant challenging the common order dated: 29.12.2021 passed in Consumer Complaint Nos.578 to 584 of 2020 on the file of District Consumer Disputes Redressal Commission, Bengaluru Urban District (in short the District Commission)

2. The Appellant is Opposite Party (in short OP) and respondents were the complainants before the District Commission. The Rank of the parties shall be referred to as per their status before the District Commission.

3. The Brief facts of the case are that; In response to the notification issued by OP on 19.11.2016, the complainants have applied for allotment of flats at Alur Village. The complainants were allotted with the flats and they have paid the consideration in installments. The complainants were issued with the allotment letters, NOCs were also issued by the OP for mortgaging the flats for raising the loan. The OP issued an endorsement to pay the GST charges for registration of the flats. Aggrieved by the same, the complainants have filed complaint before the District Commission.

4. Before the District Commission, the OP has opposed the claim by filing version contending that complaints are not maintainable. The complainants are required to pay GST and car parking charges for registration of the flats. The flats were ready to occupy, possession will be delivered to them on receipt of the sale consideration, GST and car parking charges and there is no deficiency of service on their part and sought for dismissal of these complaints.

5. Before the District Commission, the complainants filed their affidavit evidence and marked Ex.A1 to A16 in CC/578/2020, Ex.A1 to A16 in CC/579/2020, Ex.A1 to A19 in CC/580/2020, Ex.A1 to A14 in CC/581/2020, Ex.A1 to A22 in CC/582/2020, Ex.A1 to A11 in CC/583/2020 and Ex.A1 to A25 in CC/584/2020. The OP has also filed the affidavit evidence in all cases and produced some documents.

6. The District Commission after hearing both the parties Allowed CC.Nos.578 to 584 of 2020 in part and directed OP to execute the registered sale deed in favor of the complainants in respect of their individual flats allotted to them as described in para No.8 of the complaints including the car parking area and also hand over the possession of the said flats with possession certificates. All the complainants were directed to bear the registration charges of the said flats. Further the District Commission directed complainants to pay the GST under protest subject to the outcome of the final order of the Hon’ble High Court of Karnataka in W.P.No.51001/2019. Aggrieved by the same, the OP has preferred this appeal.

7. In response to the notice, complainants were served and remained absent in A.Nos.768, 769, 771, 772 & 773 of 2022.

8. We have heard the arguments of Sri.Sharan B Tadahal, learned advocate for OP. There is no representation on behalf of complainants in A.Nos.767 & 770 of 2022.

9. The Undisputed facts are that; OP has issued a notification on

19.11.2016 that it has builtup the flats and invited the public’s to apply for allotment based on the consideration disclosed in the notification. The complainants are one among the publics. They have applied for allotment of flats and have paid consideration in installments. They have been allotted with the flats. The dispute between the complainants and the OP arose when OP issued notification regarding payment of GST and also car parking charges. In this regard, complainants have approached the District Commission and the District Commission has directed the OP to execute the Sale Deed, deliver the physical possession and the complainants were directed to bare the registration charges. Since by that time certain Writ Petitions were also preferred before the Hon’ble High Court of Karnataka, the District Commission also directed the complainants to deposit the GST amount under protest subject to final result of the Writ Petitions.

10. The Hon’ble High Court of K