NCDRC

NCDRC

FA/106/2005

SH.S.K.KATARIYA - Complainant(s)

Versus

LUCKNOW DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. SANDEEP SHARMA

18 Nov 2009

ORDER

Date of Filing: 22 Mar 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIAPPEAL NO. No. FA/106/2005
(Against the Order dated 28/01/2005 in Complaint No. 150/1999 of the State Commission Uttar Pradesh)
1. SH.S.K.KATARIYARESIDENT OF HD-1/284, SECTOR-1 JANKIPURAN LUCKNOW ...........Appellant(s)

Vs.
1. LUCKNOW DEVELOPMENT AUTHORITY 6 JAGDISH CHANDRA BOSE MARG LUCKNOW U.P ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 18 Nov 2009
ORDER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

          In the present cases, the State Commission after completing the  pleadings,  but  without  taking  any  evidence,  decided   the

-2-

complaints.  The allegation made by the complainants/appellants had been strongly refuted by the respondent.  As to whether the houses were ready in the year 1995 and possession handed over to the society is the disputed question of fact which could not be decided without permitting the parties to lead their evidence, as per Section 13 of Consumer Protection Act, 1986.  On this short ground, the impugned order is set aside and the case is remitted back to the State Commission to decide it afresh after taking evidence by way of affidavits from all the parties.

          Parties through their counsel are directed to appear before the State Commission on 14.12.2009.

          We would request the State Commission to dispose of the complaints within six months from the date of appearance before it.

          Service of the parties is dispensed with.

          Appellants should file their evidence by way of affidavits within two months and, thereafter, respondent may file his evidence within next two months.  No further adjournment be granted to the parties.

 

 

-3-

          We are requesting the State Commission to dispose of the complaints within a period of six months since these complaints pertain to the year 1999 and 2000.

          First appeals stand disposed of in above terms.

            Dasti.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER