STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA FIRST APPEAL NO. SC/29/A/1307/2014 P.Abdul Majid PRESENT ADDRESS - S/o Late Abdul Rahman Aged 57 years Residing at Paika House Badiadka, P.O.Peradala Kasargod District Kerala State ,KARNATAKA.

.......Appellant(s)

Versus Mrs. Cecila Miranda and others PRESENT ADDRESS - Since deceased Represented by her legal Representative Ms.Edna Roger D/o Late Mrs. Cecila Miranda Aged 56 years Bethany Convent Devakripa Nandigudda Road Pandeshwar Post Mangalore-575 002 ,KARNATAKA.

Mr.B.M.Ahmed PRESENT ADDRESS - Aged 56 years S/o Haji B.Mohamed, R/o Flat No.16 Everest Flat Court Ujodi Layout Near Pump Well Mangalore Taluk ,KARNATAKA.

Mrs.Assia Ahmed PRESENT ADDRESS - W/o Mr.B.M.Ahmed Aged 45 years R/o Flat No.16 Everest Flat Court Ujodi Layout Near Pump Well Mangalore Taluk ,KARNATAKA.

.......Respondent(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 28/02/2025

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

th DATED THIS THE 28 DAY OF FEBRUARY, 2025 APPEAL NO.1307/2014 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, MEMBER P.Abdul Majid, S/o late Abdul Rahman, Aged 57 years, …. Appellant/s Residing at Paika House, Badiadka, P.O.Peradala, Kasargod District, Kerala State (By Sri.Narendra Babu Reddy.K.S, Advocate)

-V/s-

1. Mrs.Cecilia Miranda Since deceased, Represented by her legal Representative … Respondent/s Ms.Edna Rogers, D/o late Mrs.Cecilia Miranda, Aged about 56 years, Bethany Convent, Devakripa, Nandi Gudda Road, Pandeshwar Post, Mangalore-575002

2. Mr.B.M.Ahmed Aged 56 years, S/o Haji B.Mohamed, … Respondent/s

3. Mrs.Assia Ahmed, W/o Mr.B.M.Ahmed, Aged 45 years, 2 & 3 are r/o Flat No.16, Everest Flat Court, Ujodi Layout, Near Pump well, Mangalore Taluk, (R-1- By Sri.H.Giridhar, Advocate)

(R-2 & 3- Absent)

O R D E R

BY SMT. SUNITA C.BAGEWADI, MEMBER This appeal is filed by the appellant/Opposite Party No.3 being aggrieved by the order dated

30-5-2014 passed by the Dakshina Kannada District Consumer Commission, Mangaluru in CC.No.193/2012 and prays to set-aside the order passed by the District Commission and dismissal of the complaint, in the interest of justice and equity.

2. The brief fact of the complaint is that, the Opposite Party Nos.1 and 2 are running the business of developing land constructing apartments and selling to the consumers. The complainant was agreed to purchase the said apartment for a total consideration of Rs.12,00,000/-. The Opposite Party Nos.1 and 2 executed a sale deed dated 20-9-2008 in favour of the complainant. On the date of execution of the sale deed, the complainant was in possession of the said apartment. After purchase of the schedule apartment, the complainant had spent Rs.4.25,000/- and fully furnished the apartment with all furniture and fixtures, even the khata of the apartment was transferred in the name of the complainant. Due to personal reasons, the complainant could not occupy the schedule apartment and given for lease and tenants were in occupation of the said apartment. In the last week of July 2010, the complainant was shocked to find out the said tenants have been asked to vacate the premises by an order against the Opposite Party Nos.1 and 2 through a court in execution st proceedings in respect of the judgment and decree passed by the court of the 1 Additional Civil Judge Sr. Division, Mangaluru in O.S.No.225/2001 dated 18.11.2009. In pursuance of the order of the executing court the tenants were made to vacate the schedule apartment and the possession of the apartment was handed over to one Mr.P.Abdul Majid, Kerala State. Upon further verification, the complainant came to know that, the Opposite Party Nos.1 and 2 had already executed a sale deed in respect of apartment in favour of Mr.P.Abdul Majid as per sale deed dated 17.3.1994 and this fact was intentionally suppres