NCDRC

NCDRC

RP/1392/2019

GODREJ PROPERTIES LIMITED - Complainant(s)

Versus

ONKAR NATH - Opp.Party(s)

M/S. WADIA GHANDY & CO.

04 Feb 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1392 OF 2019
 
(Against the Order dated 26/04/2019 in Appeal No. 199/2019 of the State Commission Gujarat)
1. GODREJ PROPERTIES LIMITED
HAVING ITS OFFICE AT 2ND FLOOR, RUDRAPTH COMPLEX NEAR RAJPATH CLUB, S.G. HIGHWAY,
AHMEDABAD-380059
GUJARAT
...........Petitioner(s)
Versus 
1. ONKAR NATH
R/O. FLAT NO. D/101, TIVOLI, GODREJ CITY JAGATPUR VILLAGE, BEHIND NIRMA UNIVERSITY,
AHMEDABAD-382481
GUJARAT
...........Respondent(s)

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

For the Petitioner :
Mr. Dharav Shah, Advocate
For the Respondent :
Mr. C.S. Mohanan, Advocate

Dated : 04 Feb 2020
ORDER

JUDGMENT

JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)

 

This Revision Petition is directed against the order of the State Commission dated 26.04.2019 whereby the appeal preferred by the Petitioner was admitted only to the extent of quantum of compensation and the order passed by the District Forum was stayed subject to the appellant depositing 50% amount payable in terms of the said order.

2.       The District Forum had disposed of the Consumer Complaint with the following directions:

“2. In furtherance order is passed that Opponent shall pay 8% interest for period from 01.08.2014 to 30.11.2016 on amount of Rs.52,25,148/- (Rupees Fifty Two lakhs Twenty five thousand one hundred forty eight only) paid to Complainant, within 30 days of passing this order.

3. In furtherance order is passed that Opponent shall pay Rs.25,000/- on head of pain, shock sufferings, mental agoany and harassment and within 30 days of passing this order.

4. In furtherance order is passed that Opponent shall pay Rs.10,000/- on head of cost for filing this complaint, within 30 days of passing this order.”

 

3.       The learned counsel for the complainant fairly submits that admission of the appeal on the quantum of compensation would mean that the State Commission will examine the correctness or otherwise of the direction for paying 8% interest to the complainant for the period from 01.08.2014 to 30.11.2016 alongwith compensation quantified at Rs.25,000/-.  The submission of the learned counsel for the petitioner is that if the appeal is admitted only on the quantum of compensation the petitioner will not be able to make its submission on the merits of the case.  I, however, find no merit in the said submission.  While taking a view on the question as to whether any interest or compensation should be paid to the complainant or not, the State Commission will necessarily have to examine the grounds on which the Consumer Complaint was resisted by the petitioner company.   Therefore, the petitioner will get an opportunity to make its submission on merit at the time when the appeal is finally decided by the State Commission.  I find no merit in the Revision Petition which is accordingly disposed of with the observations made hereinabove.

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

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