NCDRC

NCDRC

RP/1229/2017

MANJEET KAUR - Complainant(s)

Versus

AGARWAL PROPERTIES & COLONIZERS - Opp.Party(s)

IN PERSON

07 Mar 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1229 OF 2017
 
(Against the Order dated 13/02/2017 in Appeal No. 07/2017 of the State Commission Rajasthan)
1. MANJEET KAUR
D/O. SATPAL SINGH, R/O. 9/292, MALVIYA NAGAR,
JAIPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. AGARWAL PROPERTIES & COLONIZERS
NEAR SECTOR 3, MAIN TONK ROAD, PRATAP NAGAR, SANGANER,
JAIPUR-303906
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 1230 OF 2017
 
(Against the Order dated 13/02/2017 in Appeal No. 08/2017 of the State Commission Rajasthan)
WITH
IA/63/2018(Stay)
1. DOLI KUMARI
D/O. LT. SATPAL SINGH,R/O. 9/292 MALVIYA NAGAR,
JAIPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. AGARWAL PROPERTIES & COLONIZERS
NEAR SECTOR 3, MAIN TONK ROAD, PRATAP NAGAR, SANGANER,
JAIPUR-303906
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Petitioner :
For the Respondent :

Dated : 07 Mar 2018
ORDER

ORDER (ORAL)

PER MR. PREM NARAIN, PRESIDING MEMBER

 

          These revision petitions have been filed by the petitioners - Manjeet Kaur and Doli Kumari against the common order  dated 13.02.2017 passed by the State Commission in Revision Petition Nos. 07/2017 and 08/2017, wherein the application of the complainants/ petitioners moved for closing the right of Opposite party for filing the written statement with delay, has been dismissed.

2.      The District Forum had taken the written statement and rejected the  application and  the State Commission has endorsed the order of the District Forum. 

3.      Learned counsel  for  the  petitioners  stated  that  in  the light of the judgment  of  the  Supreme  Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., Civil Appeal Nos. 10941-10942 of 2013, dated 04.12.2015, the written statement cannot be taken  on record after 45 days from the date of receipt of notice.  However, the same has been taken on record by the District Forum which is totally illegal.

4.      On the other hand, the A.R. of the respondent, in person, states that he is ready to give the plot on the original cost,  without any penal charges or interest.  He is not interested in further litigation.

5.      Later on, both the parties  agreed  that  the  complainants  shall pay Rs.1,29,000/- , separately, in both  the cases to the respondent, within a period of one month, by  way  of demand draft and the respondent shall handover the plot, immediately, at the time of registration. The registration  charges  shall be borne by the respective complainants. 

6.      Both the parties have given these conditions of compromise, in writing, separately, which have been taken on record.

7.      In  the light of  the judgment of the Hon’ble Supreme Court in Reliance  General Insurance Company Ltd. & Anr.  Vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. And another [Civil Appeal No…..of 2017 (D. No.2365 of 2017) decided on 10.2.2017,  whereby the Apex Court   has  permitted Consumer Fora to accept the written statement filed with delay in appropriate  cases,  I do not find any force in the revision petitions.  However, both the parties have agreed by way  of  compromise  to  comply  with the transactions as stated above. 

8.      Hence, these  revision petitions are disposed of in terms of the

compromise  entered  into  between the parties as stated above.   Parties to comply  with  their  respective undertakings.  It shall be open to the parties to move to the  District Forum if any of the party does not comply with the undertaking given by them. 

9.      In the light of this compromise, after getting the plot, the complainants  shall  withdraw  the complaints from the District Forum.

10.    Both the above said  revision petitions stand disposed of in terms of the above directions.

 
......................
PREM NARAIN
PRESIDING MEMBER

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