NCDRC

NCDRC

RP/25/2013

M.S. SHARMA - Complainant(s)

Versus

INTELLIGENTSIA COOPERATIVE GROUP HOUSING SOCIETY - Opp.Party(s)

MS. AMITA GUPTA

26 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 25 OF 2013
 
(Against the Order dated 10/09/2012 in Appeal No. 1048/2012 of the State Commission Haryana)
1. M.S. SHARMA
Plot No-60,Sector-56
GURGAON
HARYANA
...........Petitioner(s)
Versus 
1. INTELLIGENTSIA COOPERATIVE GROUP HOUSING SOCIETY
Throughits President Plot No-60, Sector- 56
GURGAON
HARYANA
2. The President Intelligentsia Co CGHS Ltd
Plot No-60
GURGAOn
HARYANA
...........Respondent(s)

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

For the Petitioner :MS. AMITA GUPTA
For the Respondent :
For Respondents 1,2 : Mr.Naresh Panwar, Advocate
For Respondents 3,4 : Mr.Vipin Jai and Mr.Vipul Jai, Advocates

Dated : 26 Feb 2013
ORDER

This order shall dispose of revision petitions No.3056/2011 and 25/2013.  As the question of law and facts involved in both these revision petitions is the same, they are being disposed of by this common order.

           Complainant Petitioner, instead of filing on composite complaint under the Consumer Protection Act, 1986, filed 2 complaints i.e. Complaint No.30/2005 and 33/2005.  Both the complaints were filed on the same date.  Complaint No.30/2005 has been dismissed by the fora below on the ground that it involved disputed questions of law requiring taking of elaborate evidence which could not be decided in a summary manner under the Consumer Protection Act.  Complaint No.33/2005 was dismissed by the State Commission by holding that the Petitioner had an alternate remedy under Haryana Cooperative Societies Act.  Appeal preferred by the Petitioner was dismissed both on the ground of limitation as well as on merits. 

           R.P. No.25/2013 arises out of Complaint No.30/2005 whereas R.P. No.3056/2011 arises out of Complaint No.33/2005.

           Counsel for the Petitioner seeks permission to withdraw the revision petitions as well as the Complaints reserving liberty with the Petitioner to seek redressal of his grievances in any other forum.  Counsel for the respondent has no objection to the prayer made by the counsel for the Petitioner.

           Revision petitions as well as the complaints are dismissed as withdrawn.  Liberty is reserved with the Petitioner to seek redressal of his grievances in any other Forum along with an application under Section 14 of the Indian Limitation Act for condoning the delay for the time spent before the consumer fora, keeping in mind the observations made by the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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