NCDRC

NCDRC

RP/1326/2007

M/S. JAINA PROPERTIES P LTD. - Complainant(s)

Versus

CHANDER SHEKHER & ANR. - Opp.Party(s)

M/S. DAKSH LAW FIRM

30 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1326 OF 2007
 
(Against the Order dated 29/01/2007 in Appeal No. 738/2002 of the State Commission Delhi)
1. M/S. JAINA PROPERTIES P LTD.
M/S. JAINA PROPERTIES PVT, LTD,
THROUGH ITS , DIRCTOR,
SHRI , RAKESH , JAIN
...........Petitioner(s)
Versus 
1. CHANDER SHEKHER & ANR.
S/O. SHRI , DURGA DASS , R/O. H, NO, B-III/189. RAGHBIR NAGAR
NEW DELHI
110027
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Rajesh Aggarwal, Advocate
For the Respondent :
Mr. Kamal Sharma, Advocate

Dated : 30 Mar 2011
ORDER

 

 Petitioner was the opposite party before the District Forum. 
       The complainant / respondent no.1 applied for a commercial space for the purpose of running his office measuring 47 sq. ft. at the rate of Rs.500/- for a total price of Rs.23,500/-. Out of the total price, the respondent no.1 paid Rs.22,353/- in installments and remaining amount of 5% was payable at the time of offer of possession. Offer of possession was never given by the petitioner to respondent no.1. Respondent being aggrieved filed the complaint before the District Forum. 
       District Forum dismissed the complaint as barred by limitation, aggrieved against which the respondent no.1 filed an appeal which has been allowed by the State Commission. The State Commission has directed the petitioner to refund the sum of Rs.22,325/- paid by the respondent to the petitioner alongwith interest at the rate of 9% from the date of filing of the complaint till the date of passing of the order.
       Petitioner being aggrieved has filed the present petition.
       Counsel for the petitioner fairly states that the petitioner did not give the possession of the property to the respondent. That he has already deposited the principal amount of Rs.22,325/- alongwith accrued interest in this Commission which may be paid to the complainant / respondent no.1 provided respondent no.1 returns the original documents and the receipts. Counsel for the respondent has handed over the original documents to the counsel for the petitioner in court.
 
 
       In view of this statement made by the counsel for the petitioner, the revision petition is dismissed.  
       Office is directed to pay the sum of Rs.22,325/- and Rs.21,934/- deposited by the petitioner to respondent no.1 in full and final settlement of the dispute between the parties.       
       At this stage, counsel for the petitioner states that property in question has been trespassed. Petitioner would be at liberty to recover the possession in accordance with law from the persons in possession of the property.
 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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