Haryana

StateCommission

MA/421/2024

LIC HOUSING FINANCE LTD. - Complainant(s)

Versus

MAHESH GANDHI - Opp.Party(s)

PIYUSH SHARMA

20 May 2024

ORDER

Heading1
Heading2
 
Miscellaneous Application No. MA/421/2024
( Date of Filing : 08 May 2024 )
In
First Appeal No. A/579/2024
 
1. LIC HOUSING FINANCE LTD.
LIC HOUSNIGN FINANCE LTD
...........Appellant(s)
Versus
1. MAHESH GANDHI
MAHESH GANDHI
...........Respondent(s)
 
BEFORE: 
  NARESH KATYAL PRESIDING MEMBER
  MANJULA MEMBER
 
PRESENT:
 
Dated : 20 May 2024
Final Order / Judgement

Mr. Piyush Sharma, counsel for appellant.

                   Present appeal has been preferred against order dated 19.03.2024 passed by District Consumer Commission-Rohtak, vide which, complainant’s complaint has been allowed and Rs.1,69,412/- has been awarded to him under various heads, as detailed in Para-7 of impugned order. Along with this appeal, application for interim relief/stay (M.A. No. 421 of 2024) has also been filed. While pressing for interim relief/stay, learned counsel for appellant has contended that: complainant had earlier filed consumer complaint at Sonepat, which was allowed. Thereafter, appellant herein had filed appeal and in the said appeal complainant was non-suited by holding that District Consumer Commission at Sonepat has no jurisdiction adjudicate upon the matter. Thereafter, he filed instant complaint before learned District Consumer Commission at Rohtak, which has now been allowed vide impugned order dated 19.03.2024. Learned counsel for appellant has contended that under various heads, under which, complainant has now been allowed relief as per Para-7 of impugned order; the circumstances concerning those heads are / were actually not in existence, and as such reliefs are / were not tenable to complainant. Prime-facie this contention carry credence. This being so, implementation of the impugned order dated 19.03.2024 would remain stayed during pendency of this appeal. Application for interim relief/stay (M.A. No. 421 of 2024) stands disposed off in above terms. As per office report, Rs.25,000/- has been deposited by appellant, being the statutory amount required to be deposited while filing instant appeal, which would also keep lying here during pendency of this appeal.  Notice of main appeal be issued to respondents for 13.01.2025 through registered post.

                   Dasti (by-hand), may be given, if so, desired.

 
 
[ NARESH KATYAL]
PRESIDING MEMBER
 
 
[ MANJULA]
MEMBER
 

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