ORDER
K.S. Gupta, J. (Presiding Member)
1. This order will govern the disposal of Revision Petition Nos. 673 to 686 of 2005 which arises out a common order of the Karnataka State Consumer Disputes Redressal Commission, Bangalore dated 13.12.2004.
2. Allegations made in the complaint and written version need not be referred to in deciding the revisions. Operative portion of the said order of the State Commission which is material is produced below:
In the result, we pass the following order:The appeals are disposed of in modification of the orders which are impugned in these appeals, as follows:
(1) The O.Ps. are directed to refund the resale consideration paid by the complainants, for the purpose of purchase of the land with damages, as ordered by the District Forums to the complainants with interest at 12% per annum from the date of the Sale Deeds till realisation.
(2) The complainants in these appeals are no longer the owners of the lands purchased by them from the O.Ps. from the date on which the O.Ps. pay the amounts, as ordered above to the complainants.
(3) The O.Ps. are given three months’ time to pay the amounts to the complainants, as ordered above.
3. Contention advanced by Mr. V. Balaji for petitioners/opposite parties was that the declaration made at Sr. No. 2 above based on the statement made by the Counsel of the respondent/complainant is bad in law as the title in the plots transferred in the name of the respondents by the petitioners can be conveyed to the petitioners only on execution of Conveyance Deed by the respondents. Further, rate of interest of 12% p.a. as awarded by Fora below on the amounts to be refunded is on higher side. Under the Consumer Protection Act, 1986, the Consumer Forum cannot grant declaration of the nature as yet as No. 2 above, they being not the Civil Courts plots in question could not have been transferred by executing Sale Deed(s) in favour of the petitioners by the respondents.
4. During the course of arguments, Mr. Kothandpani, for respondents also stated that the respondents are ready to execute Sale Deed(s) for the plots in question in favour of the petitioners.
5. Coming to the rate of interest, we are of the view that the rate awarded ® 12% p.a. on the amount to be refunded, in the facts and circumstances of the case, is quite reasonable and no interference is called for in revisional jurisdiction.
6. In the forgoing discussion, the revisions are partly allowed and the order at (2) above of the State Commission is set aside. Respondents will transfer the plots in question to the petitioners by executing and registering Sale Deed(s) in favour of petitioners. No order as to cost.