NCDRC

NCDRC

RP/4059/2012

ANSAL PROPERTIES & INFRASTRUCTURE LTD. - Complainant(s)

Versus

ISHWAR DUTT KAUSHIK - Opp.Party(s)

MR. DALIP MEHRA

31 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4059 OF 2012
 
(Against the Order dated 14/08/2012 in Appeal No. 978/2012 of the State Commission Haryana)
1. ANSAL PROPERTIES & INFRASTRUCTURE LTD.
115 Ansal Bhawan,16 Kasturba Gandhi Marg,
NEW DELHI -110001
...........Petitioner(s)
Versus 
1. ISHWAR DUTT KAUSHIK
S?o Shri Har Sarup Kaushik R/o Opp Mandi Babarpur, G.T Road
PANIPAT
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER

For the Petitioner :
Mr.Dalip Mehra, Advocate
For the Respondent :
Mr.Manoj Joshi Advocate

Dated : 31 Oct 2013
ORDER

Shri Manoj Joshi, Advocate has tendered his vakalatnama on behalf of the complainant in both the matters, which are taken on record. 2. The above noted revision petitions are taken up together as they arise out of the common complaint. 3. Briefly stated facts relevant for the disposal of these revision petitions are that the complainant I.D. Kaushik filed a consumer complaint U/s 12 of the Consumer Protection Act,1986 before the District Forum Panipat. The complaint was contested. The District Forum on consideration of evidence allowed the complaint and directed the OP to refund the sum of Rs.48,000/- with 8% interest to the complainant. Besides litigation cost of Rs.2200/- was also imposed. 4. The complainant being aggrieved of the order of the District Forum filed an appeal seeking relief on account of extra stamp duty, compensation for the less area and use of unbranded material, loss of rent and transfer charges etc. 5. The OP also preferred an appeal against the order of the District Forum seeking dismissal of the complaint. 6. The State Commission heard the appeals separately and disposed of the respective appeals by separate impugned orders. 7. Being aggrieved of the respective orders of the State Commission the complainant as well as the OP has filed the above revision petitions. 8. Counsels for the parties have jointly stated that the State Commission ought to have heard the appeals together and decided them by a common order and by not doing so it has committed grave irregularity. Thus, counsels for the respective parties have conceded that the revision petitions should be allowed and the impugned orders of the State Commission be set aside and matters be remanded back to the State Commission with direction to hear the appeals of respective parties together and decide the same simultaneously by a common order. 9. In view of the facts and circumstances of the case and the concession given at the Bar by the respective counsels for the parties, both the revision petitions are allowed. The impugned orders of the State Commission are set aside and the matters are remanded back to the State Commission for re-deciding the appeals together by a common order after giving due hearing to the parties. Parties are directed to appear before the State Commission on 29.11.2013. Since this is an old matter, the State Commission is requested to decide the appeals within six months.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER

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