NCDRC

NCDRC

FA/187/2008

M/S. PATSON CONSTRUCTION & ANR. - Complainant(s)

Versus

ANIL KUMAR J. PATEL - Opp.Party(s)

MR. GAUTAM NARAYAN, MR. TVSR SHREYAS & MR. MUBASHIR MUSHTAQ

10 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL NO. 187 OF 2008
 
(Against the Order dated 05/03/2008 in Complaint No. 22/2002 of the State Commission Maharastra)
WITH
IA/7460/2013
1. M/S. PATSON CONSTRUCTION & ANR.
SURYA MAHAL, 4TH FLOOR, 5, BURJORJI BHARUCHA MARG,
FORT,
MUMBAI - 400023
...........Appellant(s)
Versus 
1. ANIL KUMAR J. PATEL
153, POLAN PETH, JALGAON - 425001,
THANE DISTRICT,
JALGAON
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Mr.Gautam Narayan and Mr.Mubashir Mushtaq, Advocates
For the Respondent :NEMO

Dated : 10 Feb 2014
ORDER

          When this appeal came up for hearing on 10.12.2013, while noting that the appellant construction company had already sold the flat in question on 15.6.2007, when an interim order restraining them from creating third-party interest had been passed by the State Commission, in order to test the bonafides of the appellant, they were directed to deposit in this Commission a sum of `25 lakh, the amount deposited by the complainant with the construction company during the period from 4.3.1993 to 28.3.1993 as part of the total consideration for the flat, with simple interest @ 9% from the date of deposit of each of the instalments by the respondent till 30.11.2013.  Learned counsel appearing for the appellant states that the said order has not been complied with inasmuch as none of the appellants has made any deposit.

          Having regard to the conduct of the appellants, when they have not only consciously failed to comply with our order, they sold the flat in question despite an interim order passed by the State Commission, we are convinced that they have scant respect for the court orders and do not deserve any indulgence.  Accordingly, the appeal is dismissed in default.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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