NCDRC

NCDRC

FA/1686/2019

RAJENDRA M BOBDE. - Complainant(s)

Versus

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

MR. ROHAN THAWANI, ANAND DAGA, GUNJAN AHUJA & IQRAM GOVIND SINGH

06 Feb 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1686 OF 2019
 
(Against the Order dated 11/12/2018 in Complaint No. 16/2014 of the State Commission Maharashtra)
1. RAJENDRA M BOBDE.
FLAT NO. 902, WI NG-B, IVANA, NEAR CAPITAL TOWER, DATTA MANDIR ROAD, WAKAD.
PUNE-411033
MAHARASHTRA.
...........Appellant(s)
Versus 
1. SAHARA PRIME CITY LIMITED & 2 ORS.
SAHARA INDIA CENTRE-2, O KAPOORTHALA COMPLEX, ALIGANJ.
LUCKNOW-226024
U.P.
2. SAHARA PRIME CITY.
WEST ZONE, NEAR ASHOK VAN, 15 KM MILESTONE, GAVSI MANKAPUR.
NAGPUR-441108
3. KETUBH CITY HOMES MAU PVT. LTD.
COMMAND OFFICE AT:- SAHARA INDIA BHAWAN, 1, KAPOORTHALA COMPLEX.
LUCKNOW-226024
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Appellant :
Mr. P. Pratap Singh, Advocate for
Mr. Rohan Thawani, Advocate
For the Respondent :
Mr. Umang Verma, Advocate

Dated : 06 Feb 2023
ORDER

1.       This appeal under section 19 of the Act 1986 is in challenge to the State Commission’s Order dated 15.03.2019 in complaint no. 127 of 2016.

2.       Learned counsel appearing for the complainant (the appellant herein) draws attention to the application for condonation of delay and requests that the delay in filing the appeal may be condoned.

Learned counsel appearing for the builder (the respondents herein) has no objection.

3.       In the interest of justice, inter alia considering the reasons mentioned in the application for condonation of delay, to rather decide the matter on merit than to dismiss it at the threshold of limitation, the self-admitted delay of 127 days in filing the appeal is condoned.

4.       A perusal of the State Commission’s impugned Order shows that in the instant builder-buyer dispute the State Commission has ordered for refund of the amount deposited by the complainant with compensation by way of interest on the deposited amount along with lumpsum compensation towards physical and mental harassment as well as costs. The builder has not agitated the State Commission’s Order; the appeal has been preferred by the complainant.

5.       Learned counsel appearing on behalf of the complainant submits on instructions that the complainant wishes to withdraw his appeal with liberty to revive the same if so advised within 60 days from today.

6.       Learned counsel for the builder has no objection to unconditional liberty being provided to revive the appeal.

7.       In the wake of the above submissions, the instant f.a. no. 1686 of 2019 is dismissed as withdrawn. Concomitantly, unconditional liberty is granted to the complainant to revive his appeal if he on advise so wishes within 60 days from today by filing appropriate application.

8.    The Registry is requested to send a copy each of this Order to the parties and to their learned counsel immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.

9.    Dasti, in addition.

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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