Haryana

StateCommission

A/206/2018

M/S OMAXE LTD. - Complainant(s)

Versus

AJAY VATS AND ANOTHER - Opp.Party(s)

MUNISH GUPTA

11 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.206 of 2018

 Date of Institution:19.02.2018

  Date of Decision:11.04.2019

 

M/s Omaxe Ltd., Regd. office at 7, Local Shopping Centre, Kalkaji, New Delhi-110019 through its authorized signatory namely Sh. Deepanjit Singh son of Sh. Satwant Singh.

…..Appellant.

Versus

 

1.      Ajay Vats son of Sh. Satya Pal Vats.

2.      Narender Kumar Yadav son of Sh. Brij Lal Yadav.

Both residents of 171, Ward No.13, Railway Road, Bahadurgarh, District Jhajjar.

…Respondents

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                   Mrs. Manjula, Member.

                  

Present:-    Mr. Manjinder Singh, proxy counsel for Mr. Munish Gupta, Advocate for the appellant.

                   Mr. Arun Takhi, Advocate for respondents.

 

ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

1.                Learned counsel for respondent has made a statement that  he may be permitted to withdraw the complaint bearing No.63 of 2017 titled as “Ajay Vats & Anr. Vs. M/s Omaxe Ltd” filed before learned District Forum, Jhajjar with liberty to file afresh before this Hon’ble Commission and the time exhausted in pursuing the above complaint before learned District Forum, Jhajjar as well as before this Commission may not come in the way for the purpose of filing afresh complaint/appeal before this Commission and four weeks time may kindly be granted to file the complaint.

2.                In view of the statement made by learned counsel for respondent, the impugned order dated 17.01.2018, passed by learned District Forum, Jhajjar is set-aside for all intents and purposes  and accordingly, present appeal stand allowed. However, the respondent-complainant has been put at liberty to approach the appropriate Forum for filing afresh complaint within four weeks from the date of passing of this order and whatever the period has been consumed before learned District Forum as well as before this Commission would not be a rider for seeking exemption as far as the limitation is concerned. File be consigned to the record room.

3.                Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

 

April   11^th,  2019                   Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl. Bench              

R.K.