E.A.No.34/2010
The petitioner/complainant filed this PP seeking compliance of the orders inC.D.No.102/2001 which was filed claiming compensation against the opposite party and this Commission appointed an Advocate Commissioner and by order dated 31-12-2005 directed the opposite party to pay a sum of Rs.5,00,000/- to rectify the defects mentioned in Advocate Commissioners report and further directed the opposite party to pay Rs.1,000/- to each flat owner totalling to Rs.19,000/- towards damages and costs of Rs.2,000/-.
The opposite party aggrieved by the order in C.D.No.102/2001 preferred appeal F.A.No.109/2006 before the Honble National Commission and the National Commission by order dated 23-3-2006 granted interim stay of execution of order dated 31-12-2005 on certain conditions and as it was not complied, the National Commission dismissed the appeal vide order dated 18-8-2010.The opposite party also preferred a SLP before the Honble Supreme Court and the Apex court vide its order dated 4-3-2011 dismissed the petition.
The petitioner further submitted when the appeal was pending before National Commission, it directed the opposite party to deposit an amount of Rs.2,50,000/- before this Commission and a further sum of Rs.1,36,000/- was deposited after disposal of the appeal before the National Commission and the opposite party deposited a sum of Rs.3,86,000/- out of total awarded amount of Rs.5,21,000/-. The petitioner further submitted that the opposite party stated that he deposited Rs.35,000/- before National Commission but has not taken any steps for transfer of the said amount to this Honble Commission.
The opposite party/J.Dr. Filed EAIA 1311/2011 in EA 34/10 seeking adjustment of amounts paid by the J.Dr. /opposite party i.e. Rs.2,85,000/- and also the amount to be paid by the members of the Association i.e. of Rs.1,00,000/- out of the total of Rs.5,21,000/- awarded by this Commission. This Commission vide its order dated 29-7-2011 dismissed that petition observing that it is for the J.Dr./opposite party to withdraw the amount of Rs.35,000/- deposited by it before the National Commission and pay it to the complainant as the order has become final.
Aggrieved by this order, the J.Dr./opposite party approached the Honble High Court of A.P. in W.P.No.23102/2011 and the Division bench of the High Court dismissed the writ petition observing that the J.Dr. has an effective alternative remedy to approach the National Commission. We observe from the record that the order has become final as the order of this Commission dated 31-12-2005 has been confirmed by the National Commission in FA 109/2006 dated 18-8-2010 and once again by the Honble Supreme Court vide its order dated 04-3-2011 and finally the Honble High Court dismissed the W.P. filed against EAIA 1311/2011 in this EA 34/2010.
The learned counsel for the J.Dr./opposite party contended that he has made the following deposits.
Rs.2,15,000/- -Â Â Â Â Â Â Â Â Â Â Â Â Â 16-9-2006
Rs. 35,000/- -Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 23-10-2006
Rs.1,36,000 -Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 27-05-2011
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The learned counsel for the complainant contended that the amount of Rs.35,000/- deposited by the J.Dr. /opposite party in the National Commission should be withdrawn by them and handed over to the complainant and we find force in this contention which has already been observed by this Commission in EAIA 1311/2011. We reiterate, that it is for the J.Dr/opposite party to withdraw the said amount from the National Commission and pay to the complainant and this Commission has no powers to pass orders for the deposits made in the National Commission. It is the contention of the opposite party that an amount of Rs.31,000/- was deposited by the members of the Association vide interim orders of this Commission in the original C.D.102/2001 and this amount has to be adjusted. We once again reiterate that the order in C.D.No.102/2001 has become final and this order does not anywhere state about any such adjustments to be made towards dues. Further, EAIA No.1311/2011 filed for adjustments has been dismissed by this Commission and confirmed by the Division bench of the Honble high Court in W.P.No.23102/2011. Therefore, the question of adjustment of Rs.31,000/- from the amounts to be paid to the complainant is not sustainable. Keeping in view the deposits made, we are of the considered view that the balance amount of Rs.66,000/- is to be paid by the J.Dr./opposite party to the complainant herein. It is open to the J.Dr. to either file a cheque petition for Rs.35,000/- before the National Commission or seek direction for the amount to be transmitted to the State Commission. The balance amount of Rs.66,000/- is to be paid to the complainant on or before 10-7-2012.
In the result this EA 34/10 is allowed with the aforementioned directions. Call on 10-7-2012 for compliance.
E.A.(SR.)Nos. 3794/2011 and 3795/2011:
E.A.(SR) No.3794/2011 is filed to punish the 1st respondent and its Members i.e.
1. Mr.Sampath Kumar - Â Â Flat No.303,
2. Mr.Bojanna      -                Flat No.405
3. Mr.Nawab Jani           -       Flat No.104
4. Mr.K.Bhoomaiah-Â Â Â Â Â Â Â Flat No.1
for not complying with the directions of this Honble Commission on 19-4-2005 reaffirmed in order dated 13-12-2005.
E.A.(SR) No.3795/2011 is filed to order attachment of the following properties belonging to the below mentioned persons who are members of the 1st respondent Association i.e.
1. Mr.Sampath Kumar - Â Â Flat No.303,
2. Mr.Bojanna      -                Flat No.405
3. Mr.Nawab Jani           -       Flat No.104
4. Mr.K.Bhoomaiah-Â Â Â Â Â Â Â Flat No.1
We reiterate that the order of this Commission in C.D.102/2001 has become final. The order in C.D.No.102/2001 reads as follows:
âIn the result complaint is partly allowed directing opposite party No.1 to pay a sum of Rs.5,00,000/- to rectify the defects mentioned in Commissioners report and further directed the opposite party to pay Rs.1,000/- to each flat owner totalling to Rs.19,000/- towards damages and costs of Rs.2,000/-. Complaint against opposite parties 2 and 3 is dismissed.
The aforementioned order does not anywhere state about any such adjustments which the J.Dr./O.P is praying for. The order of this Commission dated 31-12-2005 has been confirmed by the National Commission in FA 109/2006 dated 18-8-2010 and once again by the Honble Supreme Court vide its order dated 04-3-2011. EAIA 1311/2011 filed for adjustment of the amounts has been dismissed by this Commission and confirmed by Honble High Court of A.P in W.P.No.23102/2011 and as the petitioner did not choose to approach the Honble National Commission for clarification as to the adjustments and as the order in C.D. has become final, these E.A.S.Rs are dismissed.