Appeal frled on: 09.12.2022 Appeal disposed on: 25.02.2026 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH.2, BELAGAVI DATED THIS THE 25th DAY OF FEBRUARY,20/26 CORAM: HON'BLE SRI.RAVI SIIANXAR - JITDICLAL MEMBER and HON'BLE SMT. SI]NITA CHANNABASAPPA BAGEUIADI . L/IDY MEMBER sc I cB2 I 29 I a I 24t6 I 2022 BETWEEN

1. Sri.Prashant.P.Lokapur, Aged about 45 Years, Occ: Consulting Civil Engineer, Oflice at: Brindavan Complex, Above Kavya Darshini Hotel, lst Floor, Lamington Road, Hubballi - 580 020.

2. Smt.Gayatri, W/o Prashanta Lokapur, Aged about 38 Years, Occ: Contractor, Office at: Brindavan Complex, Above Kavya Darshini Hotel, lst Floor, Lamington Road, Hubballi - 580 020. ,,,Appellants (Rep. bg Mr.S.R.Sreenlucsa Murthg, Adoocate)

AND Sri.Shankar (Sankappa), S/ o. Malleshappa Kerakanavar, Aged about 61 Years, Occ: Retired, R/o Municipal No.499l 1/C, Ward No.28, Near Kamalbibi, Fatima Darga, Devangpeth, a Hubballi - 580 020.

.,,Respondents (Re p. bg hIr. C, J. Kalnafs, A dao cate)

ORDER BY HON'BLE SRI RAVI SHANKAR, JUDICIAL ^MEMBER The Appellant/Opposite Parties preferred this ^Appeal against the Order dated 02.11.2022 passed by the District Consumer Disputes Redressal Commission, Dharwad ⁱⁿ consumer complaint No.77 l2Ol9 and prays to set aside ^the order passed by the District Commission in the ^{interest of} justice and equity.

2. The gist of the complaint is that the ^{Respondent had} entrusted the construction work of the building and ^{agreed to} pay Rs.25,00,000/-. Accordingly, construction was completed and after ^completion the Respondent insisted for ^{completion of} the unfinished work of the building for which this ^Appellant demanded for payment of Rs.2,50,000/-. After completion of the work, the complainant issued a ^{cheque for Rs.2,50,000/-'} The said cheque was tendered for realization, but it ^was returned due to insufficient fund. After receiving ^{the said} memo this Appellant had initiated a complaint ^{under Section} 138 of N.I. Act before the J.M.F.C. III Addl. Court, ^{Hubli in} C.C.No.3454 /2018 and the said complaint ^{carne to be} dismissed by acquitting Respondent herein. ^{Further, aggrieved} by the same the Respondent filed a complaint ^{before the} District Commission alleging falsely the construction work was not up to the mark and alleged unfair trade practice. The District Commission after trail allowed the complaint and directed to pay an amount of Rs.4,00,000/- towards cost of repair and renovation of the house of the complainant and also directed to pay Rs. 1,00,000/- for compensation for inconvenience and Rs. 10,000/- towards litigation expenses.

Aggrieved by the same, the Appellant before this Commission.

3.

During the course of argument before this Commission, both have arrived for consensus and we suggested for settlement for an amount which was deposited by the Appellant. The Respondent consented for the same as such without further discussion or trial we arrived for settlement of the Appeal. As such the order passed by the District Commission is hereby modified. Accordingly, we proceed to pass the following:-

ORDER The appeal is disposed off with the modification.

The impugned order dated 02.11.2022 passed by the District Consumer Disputes Redressal Commission, Dharwad in consumer complaint No.77 l2Ol9 is hereby modified;

The Respondent is directed to receive an amount of Rs.2,55,000/- (Rupees T\ro Lakhs Fifty Five Thousand only) which was deposited in this Commission with accrued interest if any and Appellant need not to pay any further amount as directed in the order passed by the District Commission and the order passed by the District Commission is considered as complied.

Office is directed to issue cheque in favour of Respondent by obtaining proper identification.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

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(SUMTA C,BAGEWADV (RA Ladg Member Member 'sJ'