NCDRC

NCDRC

RP/1710/2010

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY - Complainant(s)

Versus

NOIDA MANAGEMENT SYSTAM PVT. LTD. & ANR. - Opp.Party(s)

MR. RAVINDRA KUMAR

22 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1710 OF 2010
(Against the Order dated 20/04/2010 in Appeal No. 20/2010 of the State Commission Uttar Pradesh)
1. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITYMain Administrative Block, Sector 6, NoidaGautam Budh NagarUttar Pradesh ...........Petitioner(s)
Versus
1. NOIDA MANAGEMENT SYSTAM PVT. LTD. & ANR.Having its Registered Office at, B-65, Gurunanak Pura, Street No. 4, Lakshmi NagarNew Delhi - 110092Delhi2. INDUSTRIAL DEVELOPMENT COMMISSIONERUttar Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBER
For the Petitioner :MR. RAVINDRA KUMAR
For the Respondent :MR. AVINASH KUMAR

Dated : 22 Sep 2010
ORDER

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In this revision by opposite party no.1 – Authority, challenge is to three interim orders dated 12.3.2010, 01.4.2010 and 20.4.2010 passed in the complaint filed by respondent no.1 / complainant by Consumer Disputes Redressal Commission U.P., Lucknow. Order dated 12.3.2010 was passed at the time of issuing notice after admission in the complaint to the petitioner.  In terms of this order, petitioner was directed to induct respondent no.1 company into encroachment free peaceful possession of Plot No. B-007, Sector – 68 within 15 days, failing which the Authority has to come forwards with a list of plots that may in alternative be made available to respondent no.1. On receipt of notice the petitioner filed written version and an application for vacation of the said order which has been dismissed by the order dated 20.4.2010. This order notices the direction made to the Chief Executive Officer of the petitioner – Authority to ensure that factual possession of the said allotted plot is delivered within two weeks to respondent no.1 or, in alternative, to make available another plot in Sectors 142, 152 & 153 or in some other industrial sector.

After having argued for sometime, Shri Avinash Kumar states that the aforesaid interim orders may be set aside and complaint may be ordered to be decided on merit expeditiously by the State Commission, to which Shri Ravindra Kumar has no objection. In view of this statement / concession, the revision petition is allowed and aforesaid three interim orders are set aside. Complaint will be decided on merit after allowing reasonable opportunity to lead evidence and hearing of the parties by the State Commission. No order as to cost.

Parties will appear before the State Commission for direction on 13.10.2010.



......................JK.S. GUPTAPRESIDING MEMBER