NCDRC

NCDRC

FA/471/2013

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

Versus

DR. NALIN MEHTA - Opp.Party(s)

MR. JAIYESH BAKHSHI

13 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 469 OF 2013
 
(Against the Order dated 13/05/2013 in Complaint No. 02/2013 of the State Commission Chandigarh)
WITH
IA/3979/2013,IA/3980/2013,IA/7011/2013
1. EMAAR MGF LAND LIMITED & ANR.
THROUGH ITS AUTHORIZED SIGNATORY, SCO NO. 120-122, SECTOR-17-C,
CHANDIGARH
2. EMAAR MGF LIMITED
THROUGH ITS AUTHORIZED SIGNATORY ECE HOUSE, 28 KASTURBA GANDHI MARG,
NEW DELHI-110001
...........Appellant(s)
Versus 
1. DR. SURINDER KUMAR
S/O. MR. RAM PRAKASH, R/O. FLAT NO. 19, BLOCK-2, MOHALI EMPLOYEE SOCIETY, SETOR-68, SAS NAGAR
MOHALI
...........Respondent(s)
FIRST APPEAL NO. 470 OF 2013
 
(Against the Order dated 13/05/2013 in Complaint No. 03/2013 of the State Commission Chandigarh)
WITH
IA/3979/2013,IA/3980/2013,IA/7011/2013
1. EMAAR MGF LAND LIMITED & ANR.
THROUGH ITS AUTHORIZED SIGNATORY, SCO NO. 120-122, SECTOR-17C,
CHANDIGARH
2. EMAAR MGF LIMITED,
THROUGH ITS AUTHORIZED SIGNATORY, ECE HOUSE, 28 KASTURBA GANDHI MARG,
NEW DELHI-110001
...........Appellant(s)
Versus 
1. SURINDER KAUR MAKAN & ANR.
W/O. MR. LAJBIR SINGH, R/O. H NO. 2035, PHASE-10, SAS NAGAR,
MOHALI
2. MR. LAJBIR SINGH MAKAN,
S/O. LATE M.S. MAKAN, R/O. H NO. 2035, PHASE-10, SAS NAGAR,
MOHALI
...........Respondent(s)
FIRST APPEAL NO. 471 OF 2013
 
(Against the Order dated 20/05/2013 in Complaint No. 05/2013 of the State Commission Chandigarh)
WITH
IA/3979/2013,IA/3980/2013,IA/7011/2013
1. EMAAR MGF LAND LIMITED & ANR.
THROUGH ITS AUTHORISED SIGNATORY, SCO NO. 120-122, SECTOR-17-C,
CHANDIGARH
2. EMAAR MGF LIMITED
THROUGH ITS AUTHORISED SIGNATORY, ECE HOUSE, 28 KASTURBA GANDHI MARG,
NEW DELHI-1100001
...........Appellant(s)
Versus 
1. DR. NALIN MEHTA
S/O. MR. BHUPINDER MEHTA, R/O. HOUSE NO. 252, SECTOR-6,
PANCHKULA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Ms.Sonali Jaitley, Ms.Neha Jain and Mr.Harsimrat
Randhawa, Advocates
For the Respondent :
Mr.Karan Dewan and Ms.Anchal Jain, Advocates

Dated : 13 Dec 2013
ORDER

          Learned counsel appearing for the complainants states on instructions that the proposal given by the appellants for handing over possession of an alternative plot is not acceptable to them.  He submits that, in fact, the plots which were allotted to the complainants fall under Revenue Rasta/area, which is yet to be acquired by the government.  In other words, his submission is that when the subject plots were allotted, the land did not vest in the appellant company.  He submits that this information has been obtained by the complainants under Right to Information Act. 

          Let all these documents be placed on record on an affidavit with advance copy to the learned counsel for the appellant, who will have instructions thereon.

          We have also put it to learned counsel for the appellant if the amount deposited by the complainants could be refunded to them with a reasonable rate of interest as may be fixed by this Commission.

          Adjourned to 27th February 2014.

 

FIRST APPEAL NO.      471     OF     2013

 

 

         

For the Appellant            :         Ms.Sonali Jaitley, Ms.Neha Jain and Mr.Harsimrat

Randhawa, Advocates

 For the Respondent        :         NEMO

Mr.Harsimrat Randhawa and Ms.Neha Jain, Advocates appearing for Mr.Jaiyesh Bakhshi, counsel for the appellants submit that during the pendency of this appeal, the matter has been settled with the respondent out of court.  Learned counsel state that, as per instructions received from the appellants, the appeal is not to be pursued further.  Accordingly, the appeal is dismissed as not pressed.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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