NCDRC

NCDRC

FA/2266/2018

PARMINDER SINGH DHANDWAR - Complainant(s)

Versus

M/S. EMAAR MGF LAND LTD. - Opp.Party(s)

M/S.LEGAL ALLY

20 Jan 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2266 OF 2018
 
(Against the Order dated 22/11/2018 in Complaint No. 1078/2017 of the State Commission Punjab)
1. PARMINDER SINGH DHANDWAR
AUTHORIZED REP. MR NARINDER SINGH R/O. PADDI JAGIR TEHSIL PHILLAUR
JALANDHAR
...........Appellant(s)
Versus 
1. M/S. EMAAR MGF LAND LTD.
306-308, SQUARE ONE , C-2, DISTRICT SAKET
NEW DELHI 110017
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER

For the Appellant :
For the Appellant(s) : Appearance not marked
For the Respondent :
For the Respondent : Mr. Arjun Jain, Advocate with
Mr. Vipin Chaudhary, Advocate

Dated : 20 Jan 2020
ORDER

1.      Heard learned Counsel for all parties.

Perused the material on record.

 

2.      These Appeals (04 nos.) have been filed under Section 19 of the Act 1986 against the Orders (04 nos.) dated 22.11.2018 of the State Commission, whereby, in C.C.s No. 1076 of 2017, No. 1077 of 2017, No. 1078 of 2017 and No. 1079 of 2017, under adjudication before the State Commission, the right of the Complainants to file evidence has been closed.

3.      However, in the interest of justice, and having regard to the facts and specificities of the cases, this Commission is of the considered view that the said C.C.s No. 1076 of 2017, No. 1077 of 2017, No. 1078 of 2017 and No. 1079 of 2017 before the State Commission, should, as far as (lawfully) feasible, be comprehensively and holistically examined on merit, on the facts and the law, with the affording of the due opportunity to all parties, and with one more opportunity being provided to the Complainants to profess their respective evidence.

4.      Accordingly, the impugned Orders (04 nos.) dated 22.11.2018 of the State Commission are set aside and one more opportunity is granted to the Complainants to file their respective evidence by way of affidavit(s) within six weeks from the next date of hearing before the State Commission (which is being fixed hereinafter).

5.      On the next date of hearing before it (being fixed hereinafter), the State Commission is requested to grant a period of six weeks to the Complainants to file their respective evidence by way of affidavit(s), and to also provide similar opportunity to the Opposite Party in all 04 C.C.s. The State Commission is also requested to duly complete the pleadings and adjudicate the matters on merit as per the law.

6.      The Complainants are sternly advised to conduct their respective cases professionally before the State Commission.

7.      This Commission has consciously refrained from entering into the consumer disputes, or making any critique of the facts and specificities of the cases, or recording any observations or comments etc., since the said consumer complaints have as yet to be adjudicated on merit by the forum of original jurisdiction, i.e. the State Commission, and this Commission does not in any manner want to colour the vision of the State Commission.

8.      27.02.2020 is fixed as the next date of hearing before the State Commission. All parties are directed to appear before the State Commission on the said date.

9.      The Registry is directed to send a copy of this instant Order to the State Commission within three days.

‘Dasti’, in addition, to all parties, to facilitate compliance.

 
......................
DINESH SINGH
PRESIDING MEMBER

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