NCDRC

NCDRC

FA/955/2016

M/S. GOKULDHAAM REAL ESTATE DEVELOPMENT COMPANY LTD. - Complainant(s)

Versus

GOPAL DEORA & ANR. - Opp.Party(s)

M/S. AGARWAL LAW ASSOCIATES

21 Oct 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 955 OF 2016
 
(Against the Order dated 09/06/2016 in Complaint No. 95/2016 of the State Commission Maharastra)
1. M/S. GOKULDHAAM REAL ESTATE DEVELOPMENT COMPANY LTD.
DB REALTY LTD., DB HOUSE, GEN. A.K. VAIDYA MARG, OREGAON (EAST)
MUMBAI-4000063
...........Appellant(s)
Versus 
1. GOPAL DEORA & ANR.
RESIDENCE OF DEORA BUILDINGS, RANI SATI MARG, MALAD (EAST)
MUMBAI-400097
MAHARASHTRA
2. MRS. JAISHREE DEORA
RESIDENTS OF DEORA BUILDINGS, RANI SATI MARG, MALAD EAST,
MUMBAI-400097
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr.Sachin Datta, Sr. Advocate with
Ms.Swati Sinha and Ms.Manisha
Ambawani, Advocates
For the Respondent :
Ms.Megha Mehta, Advocate for
Mr.Prateek Mehta, Advocate with
Respondent in person

Dated : 21 Oct 2016
ORDER

IA/7514/2016

       Delay in filing the Appeal is condoned.  The application is disposed of.

 

FIRST APPEAL

       This Appeal by a Real Estate Developer, the Opposite Party in the Complaint, is directed against the order dated 9.6.2016, passed by the State Consumer Disputes Redressal Commission, Maharashtra at Mumbai (for short “the State Commission”), in Complaint Case No.CC/16/95.  By the impugned order, the State Commission has declined to grant further time beyond the stipulated period of 45 days, in filing the written version.  The State Commission has recorded that admittedly, notice in the Complaint was served on the Appellant on 8.3.2016, which fact was acknowledged by the Counsel appearing for the Appellant. 

Upon notice, the Complainant is present in person.  He states that in order to avoid further delay in disposal of the Complaint, he has no objection if one more opportunity is granted to the Appellant to file its written version, provided he is adequately compensated for the delay already caused in the disposal of the Complaint.

 

In view of the above, we allow the Appeal on consent; set aside the impugned order and direct that if the Appellant files its written version within two weeks from today, the same shall be taken on record, subject to the Appellant paying to the Complainant a sum of ₹50,000/-, as costs.  The said amount shall be paid to the Complainant on the next date of hearing before the State Commission.

The Appeal stands disposed of in the above terms.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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