ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
A/2034/2023
M/s Paras Realtech Limited V/s Jasvindra Singh
19-02-2024
BY MR. JUSTICE ASHOK KUMAR, PRESIDENT
ORDER
The instant appeal has been filed by the appellant, the builder with the following relief :-
- To set aside the impugned judgment and order dated 27-09-2023 passed by the learned District Consumer Grievance Redressal Forum, Mathura in Complaint case no. 162/2019 Jasvindra Singh V/s M/s Paras Realtech Limited through its Director Sri Praveen Tayal and another with exemplary cost on the respondent in the interest of justice.
- To direct the respondent to pay all the balance dues as per Sale Deed and Builder buyer agreement during pendency of appeal in the interest of justice.
- That a sum of Rs.2,00,000/- may also be awarded tod the appellant on account of mental tension and agony as inflicted by the illegal act of the respondent. That the cost of appeal amounting to Rs.45,000/- may also be awarded to the appellant against the respondent.
- To any other suitable, order or direction which this Hon’ble State Commission Lucknow may deem fit and proper in the facts and circumstances of the case.
- To award the cost of the appeal in favour of the appellant.
The appeal was entertained and the following interim order has been passed on 22-12-2023.
“22-12-2023
Sri Jasvindra Singh, learned Counsel for the appellant appeared.
Heard learned Counsel for the appellant.
Having heard the learned Counsel for the appellant and after perusal of the impugned order I find that the matter requires consideration.
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Issue notice to the respondent. Steps within a week. Notice within two weeks through registered post.
Apart from the registered notice, the appellant will also serve Dasti notice upon the respondent.
The respondent is directed to file his reply within six weeks.
List this appeal on 22-02-2024.
The appellant has deposited Rs.25,000/- under Section-15 of the Consumer Protection Act, 1986 with this Commission.
Considering the facts and circumstances of the case the operation of the impugned judgment and order dated 27-09-2023 passed by the District Consumer Commission, Mathura in Complaint Case No. 162/2019 shall remain stayed till the next date of listing.”
Learned Counsel for the appellant Mohd. Rafi Khan has submitted that an application for early listing supported by an affidavit has been filed enclosing therein the copy of the order passed by the learned District Consumer Commission dated 09-01-2024 page-6 of the said application. Mohd. Rafi Khan has also placed the Annexure-1 of the said application which is the photostat copy of the agreement duly signed by the parties. Affidavit has been filed by Sri Praveen Tayal and another affidavit has been filed by Sri Jasvindra Singh enclosed as annexure to the said application.
According to the learned Counsel for the appellant Sri Rafi Khan the matter has been settled between the parties amicably, therefore, there remains no need to pursue the instant appeal.
Accordingly the appeal is dismissed as withdrawn.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
Any amount deposited by the appellant before this Court will be refunded to the appellant alongwith interest in accordance with law within a period of one month.
( JUSTICE ASHOK KUMAR ) ( SUDHA UPADHYAY )
PRESIDENT MEMBER
Pnt.
