NCDRC

NCDRC

FA/41/2021

SAHARA PRIME CITY LIMITED & 2 ORS. - Complainant(s)

Versus

NIPUN KAKKAR & 2 ORS. - Opp.Party(s)

M/S. ATHENA LEGAL

27 Jan 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 40 OF 2021
 
(Against the Order dated 10/01/2019 in Complaint No. 105/2016 of the State Commission Rajasthan)
1. SAHARA CITY HOMES MARKETING & SALES CORPORATION (SAHARA PRIME CITY LTD.) & ANR.
...........Appellant(s)
Versus 
1. NIRMLA SHARMA
...........Respondent(s)
FIRST APPEAL NO. 41 OF 2021
 
(Against the Order dated 01/11/2018 in Complaint No. 129/2017 of the State Commission Rajasthan)
1. SAHARA PRIME CITY LIMITED & 2 ORS.
...........Appellant(s)
Versus 
1. NIPUN KAKKAR & 2 ORS.
...........Respondent(s)
FIRST APPEAL NO. 42 OF 2021
 
(Against the Order dated 21/11/2019 in Complaint No. 99/2018 of the State Commission Rajasthan)
1. M/S. SAHARA PRIME CITY LTD. (SAHARA CITY HOMES) & 2 ORS.
...........Appellant(s)
Versus 
1. AMAN SHARMA
...........Respondent(s)
FIRST APPEAL NO. 43 OF 2021
 
(Against the Order dated 21/11/2019 in Complaint No. 180/2018 of the State Commission Rajasthan)
1. SAHARA PRIME CITY LIMITED (SAHARA CITY HOMES) & ANR.
...........Appellant(s)
Versus 
1. USHA SHARMA
...........Respondent(s)
FIRST APPEAL NO. 44 OF 2021
 
(Against the Order dated 22/11/2019 in Complaint No. 3/2019 of the State Commission Rajasthan)
1. M/S. SAHARA PRIME CITY LTD. (SAHARA CITY HOMES) & 2 ORS.
...........Appellant(s)
Versus 
1. SEEMA AGRAWAL
...........Respondent(s)
FIRST APPEAL NO. 45 OF 2021
 
(Against the Order dated 22/11/2019 in Complaint No. 4/2019 of the State Commission Rajasthan)
1. M/S. SAHARA PRIME CITY LTD. (SAHARA CITY HOMES) & 2 ORS.
...........Appellant(s)
Versus 
1. SANTOSH AGRAWAL & ANR.
...........Respondent(s)
FIRST APPEAL NO. 46 OF 2021
 
(Against the Order dated 22/11/2019 in Complaint No. 5/2019 of the State Commission Rajasthan)
1. SAHARA PRIME CITY LIMITED (SAHARA CITY HOMES) & ANR.
...........Appellant(s)
Versus 
1. HARJEE LAL YADAV
...........Respondent(s)
FIRST APPEAL NO. 47 OF 2021
 
(Against the Order dated 17/01/2020 in Complaint No. 40/2019 of the State Commission Rajasthan)
1. SAHARA PRIME CITY LIMITED (SAHARA CITY HOMES) & ANR.
...........Appellant(s)
Versus 
1. SHASHI NAGDEV
...........Respondent(s)

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

For the Appellant :
Mr. Mizan Siddiqui, Advocate with
Ms. Neha Gupta, Advocate
For the Respondent :

Dated : 27 Jan 2021
ORDER

 

 

ORDER

1.       All these 08 appeals relate to builder-buyer disputes.

2.       In all the 08 cases, the award made by the State Commission comprises of (i) refund of the amount deposited by the complainant(s), (ii) interest thereon, (iii) lumpsum compensation, (iv) lumpsum cost of litigation and (v) interest on the lumpsum compensation & lumpsum cost of litigation.

3.       Learned counsel for the appellants submits, on instructions, that, in each of the 08 cases, the appellants will refund the entire amount deposited by the complainant(s) with interest @8% per annum from the respective dates of deposit till the actual dates of realisation and pay the lumpsum compensation and the lumpsum cost of litigation awarded by the State Commission, within four weeks from today, without fail. He further submits, on instructions, that the appellants wish to withdraw the instant appeals (f.a.s no. 40 to no. 47 of 2021), with liberty to file individual appeals, afresh, within thirty days, restricted and confined to the question of rate of interest over and above 8% on the amount(s) deposited by the complainant(s) and to the question of interest on the lumpsum compensation & lumpsum cost of litigation. The submissions are recorded. The appellants shall be bound by the submissions made by their learned counsel.

4.       The instant f.a.s no. 40 to no. 47 of 2021 are dismissed as withdrawn, with liberty to the appellants, in each of the 08 cases, to file individual appeals, afresh, restricted and confined to the question of rate of interest over and above 8% on the amount(s) deposited by the complainant(s) and to the question of interest on the lumpsum compensation & the lumpsum cost of litigation, within thirty days from today. It goes without saying that fresh appeals, if filed, shall be heard on merit at admission.

5.       The Registry is requested to send a copy each of this Order to the appellants and to the respondents, in each of these 08 cases, within three days from today.

 

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

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.