Revision Petition Nos. 9 and 10 of 2014. Case: Sujit Kumar Dhar Vs Sovereigh Developers and Infrastructure Ltd.. Karnataka State Consumer Disputes Redressal Commission
| Case Number | Revision Petition Nos. 9 and 10 of 2014 |
| Counsel | For Appellant: Party-in-Person and A. Manjunath, Advocate and For Respondents: M.S. Purushotham, Advocate |
| Judges | K. Ramanna, J. (President) and G.T. Vijayalakshmi, Member |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order XXVI Rule 10A; Code of Civil Procedure, 1908 (CPC) - Section 151 |
| Citation | III (2014) CPJ 9 |
| Judgement Date | Monday May 05, 2014 |
| Court | Karnataka State Consumer Disputes Redressal Commission |
Order:
K. Ramanna, J. (President)
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Both these revision petitions are directed against the common order dated 10.4.2014 passed by the I Additional DF, Bangalore in Complaint Nos. 1730/2013 and 1733/2013 with other connected complaints whereby and whereunder the applications filed under Order XXVI Rule 10A r/w Section 151, CPC came to be allowed directing both parties to give the proposed name of the Commissioner from the Government Agency along with the memorandum of instruction to facilitate the Commissioner for inspection and to submit the report. Further it is ordered that the burden lies on the opposite party to prove their case and directed to meet the expenditure of the Commissioner's expenses by way of fee on production of his report. After issuance of notice, respondents in both the Revision Petitions appeared through Counsel and filed their counter affidavit by way of objections to I.A. seeking for stay.
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We have heard the Counsel for both parties and perused the records.
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The point for determination to consider is that whether the revision petitioners have shown prima facie and balance of convenience lies in their favour to stay the operation and execution of the order under challenge?
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Of course, revision petitioners in both the revisions who are the complainants before the DF filed the complaints against the very respondent i.e., Sovereign Developers and Infrastructure with a prayer to allow the complaints. So during the pendency of the complaints, the respondent/opposite party filed an application under Order 26 Rule 10A of CPC to appoint Court Commissioner in order to enquire into the matter and ascertain whether the escalation of the flat is...
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