NCDRC

NCDRC

RP/818/2018

JARNAIL SINGH - Complainant(s)

Versus

GURVINDER SINGH - Opp.Party(s)

MR. ARVIND KASHYAP, MR. SUDESH SAHI & MS. KULWINDER KAUR

25 Sep 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 818 OF 2018
 
(Against the Order dated 05/12/2017 in Appeal No. 672/2017 of the State Commission Punjab)
1. JARNAIL SINGH
S/O. BISHAN SINGH BAJWA, MANAGING DIRECTOR BAJWA DEVELOPERS LTD. SUNNY ENCLAVE DESU MAJRA, TESHIL KHARAR
DISTRICT-MOHALI
PUNJAB
...........Petitioner(s)
Versus 
1. GURVINDER SINGH
S/O. HUKAM SINGH SAINI, R/O. HOUSE NO. 49-A, SECTOR 4, KHARAR, NEW GUGA MARI,
DISTRICT-SAS NAGAR MOHALI
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr. Johny, Advocate in all the RPs
For the Respondent :

Dated : 25 Sep 2018
ORDER

Delay condoned.

We have heard the Learned Counsel for the Petitioner and perused the impugned orders passed by the State Commission.

Learned Counsel does not dispute that the Respondents/Complainants had made payment of substantial amount to the Petitioner on different dates for allotment of the flats in question.  However, the possession of the flats had not been handed over to the Complainants, on account of which they approached the District Forum, which had directed the present Petitioner to refund the entire amount deposited by them, along with interest @ 12% p.a., and some amounts towards compensation and costs also. 

It is not in dispute that the Petitioner had accepted the amount, so deposited by the Complainants for allotment and handing over possession of the flats in question, which the Petitioner had admittedly not done and, therefore, the District Forum as well as the State Commission have rightly directed the Petitioner to refund the entire amount to the Complainants, along with interest, and to pay some amounts towards compensation and costs.

In view of the above, the orders impugned in these Revision Petitions do not suffer from any irregularity so as to warrant any interference by this Commission in exercise of the revisionary powers.

Accordingly, all the Revision Petitions are dismissed.  

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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