NCDRC

NCDRC

RA/195/2014

VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. - Complainant(s)

Versus

N.K. RATHNASWAMY - Opp.Party(s)

MS. HETU ARORA SETHI & MR. SHRAVAN SAHNY

10 Oct 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVIEW APPLICATION NO. 195 OF 2014
 
IN
RP/3053/2014
1. VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD.
...........Appellants(s)
Versus 
1. N.K. RATHNASWAMY
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER

For the Appellant :
Ms. Hetu Arora Sethi, Advocate
For the Respondent :

Dated : 10 Oct 2014
ORDER

REVIEW APPLICATION NO. 195/2014        

Vide order dated 13.08.2014, the petitioner was, inter alia, directed to explain in which account the money taken by the complainant was deposited and who was operating the account.  The explanation was to be given in an affidavit which the petitioner was directed to file.  An affidavit was filed by the petitioner on 11.09.2014, but the said affidavit did not explain in which account the money taken by the complainant was deposited.  When the matter came up for hearing on 16.09.2014, it was noted that the learned counsel for the petitioner was unable to explain in which account the amount was collected and who was operating the said account.  The learned counsel orally stated that the money was not deposited in any bank account of the petitioner society.  It was noted that there was no such averment in the affidavit.  Accordingly cost of Rs. 10,000/- was imposed and it was permitted to file the affidavit stating therein that the money collected from the complainant was not deposited in any bank account of the society.  The affidavit was also to disclose which were the Bank accounts, which the petitioner society had operated from time to time since the time it was constituted.

          Instead of complying with the said order, the petitioner has filed review petition no. 195/2014, seeking review of order whereby cost was imposed upon him on 16.09.2014.

          On a second perusal of the affidavit, filed on 11.09.2014, I again find that in the said affidavit the petitioner did not disclose as to in which particular account the amount taken from the complainant was deposited and who was operating the said account.  The learned counsel for the petitioner relies upon the order dated 03.05.2012, passed by the Joint Registrar of Cooperative Society, which is annexure P7 of the Revision Petition.  I have perused the said order.  Even this order does not disclose in which particular bank account the money collected from the complainant was deposited and who was operating that account.

            In these circumstances, I find no ground to recall the order dated 16.09.2014.  Review Petition is accordingly dismissed.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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