Chandigarh

StateCommission

MA/652/2018

Mrs. Tripta Rani W/o Mr. Tarsem Jindal - Complainant(s)

Versus

Emaar MGF Land Limited - Opp.Party(s)

Sanjeev Sharma, Adv.

29 Nov 2018

ORDER

This application has been filed by the applicants/Opposite Parties for depositing an amount of Rs.41,20,994/- by way of Payinst Draft bearing No.723957 dated 21.11.2018 with this Commission, in terms of order dated 25.10.2018 passed by Hon'ble National Consumer Disputes Redressal Commission, New Delhi in Review Application No.366 of 2018 in First Appeal No.1380 of 2018, which reads as under:-

          “This review was listed in Chamber; it was taken up in open bench.

           This review application has been filed against the Order dated 16.08.2018 passed by this Commission. 

            The said Order dated 16.08.2018 is as below:

            Heard the learned counsel for the appellant.  Perused the file.

Issue notice of the appeal as also of the application for condonation of delay to the respondent, subject to payment of Rs.5,000/- to the respondent directly in her name by way of demand draft to cover travel and allied expenses within a period of four weeks.

Mr. B.S. Sharma, Advocate, appears and accepts notice on behalf of the respondent and informs that he will be filing his Vakalatnama within a week.

            Heard arguments on ‘stay’.

 Operation of the impugned Order dated 18/05/2018 of the State Commission is stayed, subject to deposit of the entire principal amount before the State Commission within a period of six weeks, which shall be kept in the shape of an FDR initially for a period of one year, to be renewed regularly.

It is made clear that the stay on the operation of the impugned Order shall automatically stand vacated if both conditions, the condition attached with issuance of notice i.e. payment of Rs.5,000/- to the respondent no. 1 within four weeks and the condition attached with the grant of stay i.e. deposit of 50% of the entire principal amount with the State Commission within six weeks, are not complied with within the respective stipulated time. In such contingency the State Commission shall proceed for execution of its Order as per the law.

            List the matter for further hearing on 07-03-2019.” 

           It is noted that “the entire principal amount” is mentioned in para 5 of the Order dated 16.08.2018; however, “50% of the entire principal amount” is mentioned in para 6 thereof.  The latter i.e. “50% of the entire principal amount” is a clerical mistake.

            In the Order dated 16.08.2018, in para 6, “50% of the entire principal amount” may be read as “the entire principal amount”. 

            The Order dated 16.08.2018 may be read together with this corrigendum dated 25.10.2018. 

            Six weeks’ period for making the deposit with the State Commission shall commence from today i.e. from 25.10.2018.”

2.                In view of the afore-extracted order passed by Hon'ble National Consumer Disputes Redressal Commission, New Delhi, this application is allowed. The amount of Rs.41,20,994/- sought to be deposited by the applicants/Opposite Parties by way of aforesaid Payinst Draft, is accepted. The amount be kept in the Fixed Deposit Receipt initially for a period of one year. The amount so deposited shall be released to the party concferned alongwith interest, if any, accrued thereon, subject to the final outcome of the litigation pending in the Hon’ble National Consumer Disputes Redressal Commission, New Delhi. 

3.                The application stands disposed of accordingly.

4.                Certified copies of the order be sent to the parties free of charge.