- (1.) Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission at New Delhi (in short the 'National Commission'). Respondent had filed a complaint against the appellant before the National Commission.
(2.) Background facts in a nutshell are as follows:
(3.) In the complaint respondent inter alia stated as follows: The complainant company, desirous of opening a cold storage unit in the State of Karnataka, applied for allotment of land to the appellant in August 1991. After meeting all the formalities required from time to time by the appellant, a plot bearing No.2 of Chickballapur Industrial Area, measuring 2.5 acre of land, was allotted for setting up a cold storage. Possession certificate was issued on 26/30.8.93. The complainant also in the meantime obtained a loan of Rs.67 lakh from the Karnataka State Financial Corporation (in short 'KFC'). For the first time in August 1994, a letter was written by appellant to the complainant that "the company could not go ahead with construction activity on the plot allotted as the erstwhile land owner of plot No.2 covered in Sy.No.29 and 30 of Jadalathimmanahally Village has obtained stay order from the High Court of Karnataka in W.P.No.70/88 challenging the acquisition proceedings. The Board initiated action for vacating the stay order granted by the High Court of Karnataka. However, the company could not go ahead with implementation in view of the stay order granted by the High Court. The complainant sought for permission to go ahead with implementation after the litigation in respect of the above land is disposed of by the High Court. The Board should also grant extension of time to the company for implementation of the project after disposal of the litigation.;