NCDRC

NCDRC

CC/1697/2017

MOHAMMAD USMAN - Complainant(s)

Versus

M/S. EARTH INFRASTRUCTURE LTD. & 4 ORS. - Opp.Party(s)

MR. RUPESH KUMAR, MR. PRAVESH BAHUGUNA, MS. PANKHURI SHRIVASTAVA, MR. SHANTANU TOMAR & MR. AMARJEET SINGH

10 Jul 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 1697 OF 2017
 
1. MOHAMMAD USMAN
Son of Shri Mohammad Ayub, R/o Zohra Complex, Barhalganj,
District Gorakhpur,
Uttar Pradesh
...........Complainant(s)
Versus 
1. M/S. EARTH INFRASTRUCTURE LTD. & 4 ORS.
Through its Directors Having registered office at B-100, 2nd Floor, Naraina Industrial Area, Phase - I
New Delhi - 110 028
2. Mr. Avdhesh Goel
Director of M/s Earth Infrastructures Ltd. B-100, 2nd Floor, Naraina Industrial Area, Phase - I
New Delhi - 110 028
3. Mr. Atul Gupta
Director of M/s Earth Infrastructures Ltd. B-100, 2nd Floor, Naraina Industrial Area, Phase - I
New Delhi - 110 028
4. Mrs. Priyanka Ganguly
General Manager M/s Earth Infrastructures Ltd. B-100, 2nd Floor, Naraina Industrial Area, Phase - I,
New Delhi - 110 028
5. Mr.Nikhil Kashyap
Assistant General Manager, M/s Earth Infrastructures Ltd. B-100, 2nd Floor, Naraina Industrial Area, Phase - I
New Delhi - 110 028
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Complainant :
Mr. Jitin Singhal, Advocate
Mr. Pravesh Bahuguna, Advocate
For the Opp.Party :

Dated : 10 Jul 2017
ORDER

We are constrained to observe that despite our specific order dated 06.02.2017, wherein, taking note of the decision of the Larger Bench of this Commission in I (2017) CPJ 1 (NC), Ambrish Kumar Shukla & Ors. V. Ferrous Infrastructure Pvt. Ltd., we had observed that since the cost of each flat along with the compensation claimed in respect thereof would not exceed ₹1.00 Crore, the Complaint in respect of the cause of action pleaded by the Complainant would be maintainable before the State Commission, the State Commission has dismissed the Complaint, filed by the Complainant in terms of the liberty granted by this Commission.

It appears that the afore-noted confusion has arisen because the Complainant has filed a fresh Complaint, again clubbing the value of the two flats booked by him.  

Under the circumstances, while setting aside the said order, we permit the Complainant to file fresh Complaint in respect of each of the flats in question, within four weeks from today.

It goes without saying that if the Complaints are filed within the time granted, the same shall be considered on their own merits, without reference to the period of limitation.

The Complaint stands disposed of in the above terms.  

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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