Miscellaneous application hled on: 29-06-2025 Miscellaneous application disposed on 21 -O1-2026 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 21"t DAY OF JANUARY,2026 CORAM:

HON,BLE SRI.RAVI SHANKAR, JIIDICIAL MEMBER HON'BLE SMT. SUNITA C.BAGEIVN)I, LADY EMBER MISCELLANEOUS APPLTCATOTN NO.OI /2025 Kent Project Pvt. Ltd A Company Private Limited Company Incorporated under the Companies Act, 1956 Having its office atC-2O1, Marathan, Innova ,,,Appltcant/s Next Gen. off GK Marg, Opp. Peninsula Corporate Pa-rk Lower Parel, Mumbai - 400 013 Through its Director Mr.Nikhil Shah, (Bg Sri. Deeksha N,Amruthesh, Adaocate)

-Versus-

Mr.Satish Kumar Jajodia, 1 S/o Mr.Shyam Sundar Jajodia, Aged about 52 years, Residing at Villa No.15, Adarsh Palm Retreat, Outer Ring Road, Bellandur East, Bengaluru - 560 001 ,.,Respondent/s

2 Mrs.Shalini Jajodia, W/o Mr.Satish Kumar Jajodia, Aged about 48 years, Residing at Villa No.15, Adarsh Palm Retreat, Outer Ring Road, Bellandur East, Bengaluru - 560 001 ORDER ON ADMISSION BY HON'BLE SRI RAVI SHANKAR JUDICIAL MEMBER The Appellant/Opposite Party filed in complaint No.46 I 2022 this miscellaneous petition challenging the order passed by this Commission and submits that the order passed by this Commission directing this petitioner to pay art amount of Rs.63,50,000/- with 18% interest per annum and also directing to pay Rs.2.00 lakhs compensation within a period of 45 days from the date of receipt of this order lr'ithout providing a fair opportunitv to contest the matter by this petitioner and further submits that the complainant himself knows that the address of this petitioner was shifted from Goregaon to C-201, Innova Marathan, Next Gen., off G.K.Marg, Opp. peninsula Corporate Park, Lower Parel Mumbai-400 013 in the year 2011 itself. The complainant despite knowing fully the said address deliberately in order to procure an exparte order from this Commission only mentioned the earlier address in the cause title and consequently a notice was returned without serving. This Petitioner had no knowledge about the initiation of the complaint itself and exparte order was obtained. They got good case to urge their defence, hence prays to recall the order passed by this Commission by setting aside the order passed by this Commission and opportunity be provided to contest the matter, in the interest of justice and equity.

2. Further he had filed an application under Section 5 of Limitation Act to condone the delav of 656 days and sworn afhdavit that this petitioner had no knowledge about the order passed by this Commission and consequently the complaint had initiated execution petition vide No.27 12024, wherein after non-appearance this Commission had issued warrant of arrest then only he came to know that the complaint had obtained exparte order and initiated the for of the execution application recovery amount. Thereaferwards, he approached the advocate and filed a complaint. Hence there is a delay of 656 days and to condone the delay as not fiiing the appeal well within the time is not intentional but bonafide reasons, hence prays to condone the delay also, in the interest of justice and equity.

3. Heard.

4.

Perused the order passed by this Commission, wherein u,e have directed this petitioner to pay the above said amount of Rs.63,50,000/- atong withlgo/o interest per annum and compensation of Rs.2.O0 lakhs in complaint no .46 I 2022. In this miscellaneous petition, the petitioner has stated the address from Goregaon to C_20 1, Innova Marathan, Nexr Gen.. off GK Mark, Opp. peninsula corporate Park. Lor.r'er parer Mumbai 4oo 013 r.r,'as shifted in the year 201 1 itself and the notice was served on the said address. The complainant intentionally in order to avoid service of notice and to get an exparte order as only shown the Goregaon address and obtained an exparte order hence prays lor set aside the order. Whereas we noticed in the cause title of the complaint,