MR A R NARAYANA REDDY v. THE GOVERNMENT EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LTD.
WP/14565/2024 · 2025-10-30
D K Singh, Tara Vitasta Ganju
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72840 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72840 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43356-DB WP No. 14565 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 14565 OF 2024 (GM-CON)
BETWEEN:
MR. A.R. NARAYANA REDDY S/O LATE ADIREDDY, AGED ABOUT 66 YEARS, R/AT NO.2/9, T. THIMMAIAH ROAD, 9TH MAIN, PADMANABHA NAGAR, BENGALURU-560 070. …PETITIONER (BY SRI. PRASANNA KUMAR S., ADVOCATE)
AND:
THE GOVERNMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., OFFICE AT 1ST FLOOR, SAHAKARA BHAVANA, CHAMARAJA, DOUBLE ROAD, MYSURU-560 004. …RESPONDENT (BY SRI. KUMARA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO SET ASIDE THE IMPUGNED
JUDGMENT/ORDER PASSED BY THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI (NCDRC) ON 16TH FEBRUARY 2024 IN THE REVISION PETITION No.1767/2019 FILED UNDER SECTION 21(B) OF THE
Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU
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HC-KAR NC: 2025:KHC:43356-DB WP No. 14565 of 2024
CONSUMER PROTECTION ACT, 1986 HEREBY FURNISHED AS ANNEXURE-A, TO THE EXTENT THAT THE JUDGMENT DATED 16.02.2024 ERRONEOUSLY AWARDED INTEREST OF ONLY 6 % PER ANNUM FROM 03.02.2018 (DATE OF FILING COMPLAINT BEFORE THE DISTRICT FORUM AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed against the impugned order dated 16.02.2024 in Revision Petition No.1767/2019. The petitioner had applied for allotment of a site in the Government Employees House Building Property Society. The Petitioner had paid a sum of Rs.14,00,000/- as part consideration and Rs.3,200/- as a membership fee. The total sale
consideration was Rs.19,20,000/-. The petitioner thereafter requested for cancelling his membership and asked for a refund of the amount deposited by him with interest. When the respondent did not refund the amount, he filed a complaint before the District Commission. The District
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HC-KAR NC: 2025:KHC:43356-DB WP No. 14565 of 2024
Forum allowed the claim petition of the petitioner and
directed the respondents to refund Rs.14,00,000/- and Rs.3,200/- membership subscription fee with interest at the rate of 18% from the date of deposit.
2. The respondent filed an appeal against the said
order and the state commission directed the respondent to refund the amount of Rs.14,00,000/- and the membership subscription fee of Rs.3,200/- without any interest.
3. Aggrieved by the said order passed by the State commission, the petitioner herein filed the Revision Petition in R.P.No.1767/2019 and the National Commission has disposed of the said revision petition, directing the respondent to refund the deposited amount of Rs.14,00,000/- as part of the consideration amount and Rs.3,200/- membership fee along with a simple interest at the rate of 6% per annum from the date of filing of the complaint before the District Forum, that is, on 03.02.2018 till its realization within a period of one month,
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HC-KAR NC: 2025:KHC:43356-DB WP No. 14565 of 2024
failing which the respondent would be liable to pay interest at the rate of 9% per annum.
4. It is not in dispute that the petitioner has paid the membership fee of Rs.3,200/- and Rs.14,00,000/- as part of the sale consideration of Rs.19,20,000/-. The said amount paid by the petitioner has retained by the respondent. Having considered the
facts and circumstances of the case, that petitioner himself cancelled his membership with the respondent-society and demanded the refund of the amount deposited by him, we are of the view that the 6% interest per annum awarded by the National Commission is just and proper and no interference is called for. Accordingly, the writ petition stands dismissed. Sd/- (D K SINGH) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE
GJM List No.: 1 Sl No.: 5