NCDRC

NCDRC

FA/1079/2017

M/S. EMAAR MGF LAND LTD. & ANR. - Complainant(s)

Versus

AMOLAK SINGH SANDHU & ANR. - Opp.Party(s)

MR. ADITYA NARAIN, MS. ANUSHREE NARAIN, MR. ARNAV NARAIN & MR. GAURAV SHARMA

20 Sep 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1079 OF 2017
 
(Against the Order dated 29/03/2017 in Complaint No. 840/2016 of the State Commission Chandigarh)
1. M/S. EMAAR MGF LAND LTD. & ANR.
THROUGH ITS BRANCH MANAGER , 1ST FLOOR SECTOR 17-C, SCO NO 120-122
CHANDIGARH 160017
2. M/S. EMAAR MGF LAND LTD.
THROUGH ITS MANAGING DIRECRO, MGF HOUSE. 17-B, ASAF ALI ROAD
NEW DELHI 110001
...........Appellant(s)
Versus 
1. AMOLAK SINGH SANDHU & ANR.
S/O. SH. SURAIN SINGH, R/O. 24 NEW STRWADWAY HARLOW, ESSEX CM 201 BW,
HARLOW
UK
2. GURDISH KAUR SANDHU
W/O. MR. AMOLAK SINGH SANDHU, R/O. 24 NEW STRWADWAY HARLOW ESSEX CM 201 BW
HARLOW
UK
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. DINESH SINGH,MEMBER

For the Appellant :
Mr. Aditya Narain, Advocate
Mr. Arnav Narain, Advocate
Ms. Amanda Chakravarti, Advocate
For the Respondent :
Mr. N.D.S. Mann , Advocate

Dated : 20 Sep 2019
ORDER

Per Hon’ble Mr. Dinesh Singh, Member

1.       Heard learned counsel for both sides, and perused the entire material on record.

2.       F.A. no. 402 of 2017 was decided by this Commission vide its reasoned judgment dated 26.07.2018.

3.       We note that the instant first appeal, F.A. no. 1079 of 2017, is similar to the F.A. no. 402 of 2017 decided by this Commission vide its Order dated 26.07.2018.

Similar facts and same questions of law are involved.

4.       The instant first appeal, F.A. no. 1079 of 2017, is disposed of in terms of the examination and reasons as contained in the Order dated 26.07.2018 in F.A. no. 402 of 2017.

5.       Specifically, the award, as firmed-up in para 36 of the Order dated 26.07.2018 in F.A. no. 402 of 2017, shall be applicable, mutatis mutandis, in the instant first appeal, F.A. no. 1079 of 2017.

6.       Certified copies of this Order may be provided free of cost by the Registry to the appellants-builder co. and to the respondents-complainants within one week from today. A certified copy may also be sent by the Registry to the bank/s / financial institution/s, if any, from which loan was taken by the respondents-complainants for the purpose of making part or whole payment of the principal amount to the appellants-builder co. within one week from today.

7.       The appellants-builder co. may file a report-in-compliance [also annexing therewith the computation-sheet in respect of the rate of interest adopted for computation] with the Registry within 4 weeks from today.  A copy of the report-in-compliance may also be provided by the appellants-builder co. to the respondents-complainants within 4 weeks from today.

8.       The instant first appeal is disposed of with the above directions. 

9.       Needless to add that the State Commission shall proceed for execution as per the law for failure or omission to comply with this Order.

          ‘Dasti’, in addition, to facilitate timely compliance.

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
DINESH SINGH
MEMBER

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