NCDRC

NCDRC

RP/3505/2012

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

Versus

BERINDER SINGH GREWAL (HUF) & ANR. - Opp.Party(s)

MR. THAKUR SUMIT

22 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3505 OF 2012
 
(Against the Order dated 27/07/2012 in Appeal No. 36/2009 of the State Commission Haryana)
1. EMAAR MGF LAND LTD. & ANR.
Emmaar MGF Business Park, Mehruli Gurgoan Road Sikanderpur Chowk,Sector-28
Gurgoan
Haryana
2. Seniro General Manager Customer,Service (Retail Commercial
Emmar MGF Business Park,Mehroli Gurgoan Road,Sikanderpur Chowk,Sector- 28
Guagaon
Haryana
...........Petitioner(s)
Versus 
1. BERINDER SINGH GREWAL (HUF) & ANR.
Shri Berinder Singh Grewal S/o Shri Surinder Singh Lalton HouseWindsor Apattment Aarti Chowk
Ludhiana
Punjab
2. Narinder Sharma & Co
J-9 Kutab plaza, DLf City,phase-I through its Chairman/Mamging Director
Gurgaon
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr.Shubankar Sengupta, Advocate
For the Respondent :
For the Respondent no.1 : Mr. Madhurendra Kumar, Advocate with
Respondent in person
For Respondent no.2 : Nemo

Dated : 22 Mar 2013
ORDER

Heard. Learned counsel for respondent no.1 states that there is no objection if the impugned order passed by the State Commission is set aside and petitioners are given one opportunity to file written statement, subject to payment of heavy cost as well as previous costs. The impugned order passed by the State Commission read as under; resent :- Mr. Nirmaljit Singh, Advocate for the Complainant None for the opposite parties No.1 and 2 Mr. Varun Kathuria, Advocate for O.P. No.3 Perusal of the file shows that despite availing three opportunities for filing the written statement, even imposing of cost of Rs.5,000/- on 28.6.2012, neither the written statement has been filed nor any one has put in appearance on behalf of the opposite parties No.1 and 2. Taking into account the act and conduct of the opposite parties No.1 and 2, their defence is hereby struck off. Now to come on 21.8.2012 for evidence of the complainant. 27th July, 2012 It is apparent from the impugned order as quoted above, that petitioners had been given three opportunities to file their written statements and even adjournment cost was imposed. Keeping in view the conduct of the petitioners before the State Commission, in the interest of justice, present revision petition is allowed, subject to payment of Rs.50,000/- (Rupees Fifty Thousand only) as cost. Cost be paid by the petitioners to respondent no.1, by way of demand draft, within four weeks. Petitioners shall file their written statements before the State Commission on the next date. In case petitioners fail to pay the cost or file their written statement within the stipulated period, then the impugned order passed by the State Commission shall remain in force. Parties are directed to appear before the State Commission on 22.4.2013. Dasti to both parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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