NCDRC

NCDRC

OP/97/2003

ANAND K. MADHEKAR & ANR. - Complainant(s)

Versus

LOK GROUPING HOUSING & CONSTRUCTION LTD. & ORS. - Opp.Party(s)

MR. SHRIDHAR Y. CHITALE

31 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 97 OF 2003
 
1. ANAND K. MADHEKAR & ANR.
FLAT NO. 301,C WING LANK MARG SOCIETY ,LINK ROAD ,OPP. TOYOTO SHOWROOM
RAHAN PADA ,MALAD
MUMBAI
...........Complainant(s)
Versus 
1. LOK GROUPING HOUSING & CONSTRUCTION LTD. & ORS.
VISHAL SHOPPING CENTER , SIR M.V. ROAD
ANDERI(E)
MUMBAI
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Complainant :
NEMO
For the Opp.Party :
Mr. O.P. Khadaria, Advocate
Ms. Indra, Advocate

Dated : 31 Oct 2012
ORDER

Learned counsel for opposite party submitted that he has filed documents on 18.8.2011 with the Registry which are in original file. Perusal of documents reveals that flat Nos.111/112 in Block-D, Lok Sarita Marol, Andheri East, Mumbai-400 059 was auctioned on 30.12.2009 by DRT-II and in that auction, auction purchaser Avinashi Ramesh purchased that property on 9.3.2010 on account of dues of Bank against the complainant. Sale deed has already been executed and auction purchaser received possession of property on 9.3.2010 and certificate of immovable property was issued by the Recovery Officer DRT-II, Mumbai on 8.3.2010. Complainant filed complaint against the opposite party with the prayer to get possession of aforesaid flat No.111/112 in Building-D, Lok Sarita Marol, Andheri East, Mumbai-400 059. It appears that on account of dues against the complainant, property in dispute was auctioned by DRT-II, Maumbai and was handed over to auction purchaser and it appears that now complainant has no interest in this complaint and he is not appearing before this Commission since 12.8.2011 except on 11.7.2012. On 11.7.2012, counsel for complainant prayed two weekstime to seek instructions from his client. Afterwards, no one appeared on behalf of complainant. Thus, it appears that complainant has lost interest in the complaint and he does not want to pursue the complaint as flats have already been auctioned and possession has been handed over to auction purchaser. In such circumstances, complaint is dismissed in default of the complainant.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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