Delhi

East Delhi

CC/283/2016

VEERESH AGG - Complainant(s)

Versus

MAHAGUN REAL ESTALE - Opp.Party(s)

27 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 283/16

 

1. Shri Veeresh Kumar Aggarwal,
2. Smt. Meetu Aggarwal

Both R/o Flat No. 803, Block No. 13,

Hill Ridge Springs, ISB Road,

Gachibowli, Hyderabad- 500032

•  

Vs

M/s Mahagun Real Estate Pvt. Ltd.

Through its Director Sh. Dhiraj Jain

Regd. Office At

B-66, 1^st Floor, Vivek Vihar,

New Delhi- 110095

                                                                             ….Opponents

 

Order Passed on: 21.11.2019

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                            (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

 

Order

This order will dispose of the application moved on behalf of complainant for setting aside order dated 27.04.2018 of this Forum, wherein, the complaint has been allowed to be withdrawn.

It has been stated in the application that a fraud had been played upon this Forum by Proxy Counsel Shri S.K. Jha, who was not authorised to withdraw the complaint, as the Vakalatnama signed by the complainant did not bear his signatures. It has been further stated that Shri S.K. Jha, misled the Forum with respect to the authorisation to withdraw the complaint. Thus, the order dated 27.04.2018 was obtained by fraud and was liable to be set aside.  

Notice of the present application was served upon OP, thereafter reply was filed by them, where they have stated that the application was not maintainable, as, the District Forum and Hon’ble State Commission did not have power to review their own order.

We have heard the arguments on behalf of Ld. Counsel for Applicant/ Complainant and Ld. Counsel for OP and have perused the material placed on record. It is observed that the present complaint was allowed to be withdrawn upon the statement made by Shri S.K. Jha, advocate, enrolment no. D/1282/2004, which is on record, where he has requested for the withdrawal of complaint with the liberty to file the same before appropriate Forum/ State Commission. During the course of arguments, upon enquiry it was admitted by the counsel for complainant/ applicant that Shri S.K. Jha was working in their chamber as an associate, which is further evident from the contents of the application moved by them.

Since, it has been admitted by the counsel for the applicant that                Shri S.K. Jha, Advocate was working as an associate in their chamber, who had been instructed to appear in the complaint and withdraw the same, which he did. So, even if his signature was not on the Vakalatnama, his request to withdraw the complaint had been accepted by this Forum bonafidely. Thus, no fraud has been played upon this Forum. Therefore, argument of Ld. Counsel for the Complainant that he was not authorised to withdraw the complaint does not hold ground, the same stands rejected. Thus, there is no perversity in the order dated 27.04.2018. Hence, the present application is dismissed.

File be consigned to record room.

 

(Dr.P.N.TIWARI)                                                  (HARPREET KAUR CHARYA)                                                     MEMBER                                                                MEMBER 

 

                            (SUKHDEV SINGH)

                                PRESIDENT