NCDRC

NCDRC

CC/642/2016

KAMAL JEET GUPTA & ANR. - Complainant(s)

Versus

PARSVNATH DEVELOPERS LIMITED & 3 ORS. - Opp.Party(s)

MRS. RACHNA GUPTA & MR. RAVI GUPTA

26 Sep 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 642 OF 2016
 
1. KAMAL JEET GUPTA & ANR.
A-197,, NEW FRIENDS COLONY,
NEW DELHI-110025
...........Complainant(s)
Versus 
1. PARSVNATH DEVELOPERS LIMITED & 3 ORS.
(THROUGH ITS CHAIRMAN) PARSVNATH TOWER, NEAR SHAHDARA METRO STATION,
SHAHDARA, DELHI-110032
2. PARSVNATH REALCON PRIVATE LIMITED
(THROUGH ITS CHAIRMAN) PARSVNATH TOWER, NEAR SHAHDARA METRO STATION,
SHAHDARA, DELHI-110032
3. PRADEEP JAIN, CHAIRMAN
PARSVNATH DEVELOPERS LTD., PARSVNATH TOWER, NEAR SHAHDARA METRO STATION,
SHAHDARA, DELHI-110032
4. MR. SANJEEV JAIN, MD
PARSVNATH DEVELOPERS LTD., PARSVNATH TOWER, NEAR SHAHDARA METRO STATION,
SHAHDARA, DELHI-110032
...........Opp.Party(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER
 HON'BLE MR. PREM NARAIN,MEMBER

For the Complainant :
Mrs. Rachana Gupta, Advocate
For the Opp.Party :
Mr. Prabhakar Tiwari, Advocate

Dated : 26 Sep 2019
ORDER

In this case, vide order dated 25.03.2019 this Complaint had been disposed of by the Bench giving the findings that there was a deficiency in service on the part of the Opposite Parties.  The Bench, however, differed on the point of nature of relief to be granted to the Complainants.  Since there was a difference of opinion between the two Members of this Bench, the matter was referred to Mr. Justice V. K. Jain, Judicial Member, NCDRC.  After he passed the order dated 22.08.2019, the matter is again put up before us.  We have perused the file.  Following is the order passed by Mr. Justice V. K. Jain, Judicial Member, NCDRC:

     This matter has been referred to me on account of difference in the opinion between the Members of the Bench, which heard this matter and passed differing orders on 25.03.2019.

 

-2-

          The learned counsel for the complainants submits that the Hon’ble Ms. Justice Deepa Sharma had awarded interest               @ 18% per annum, along with additional compensation and cost of litigation whereas Hon’ble Mr. Prem Narain, had awarded interest @ 18% per annum.  She also submits that the complainants are not pressing their claim beyond the refund of the principal amount paid by them, along with interest @ 18% per annum.  She also submits that since there is no difference of opinion to this extent, the matter may be sent back to the concerned Bench for passing order in terms of the claim being pressed by the complainants. 

          Hence, subject to the order of the Hon’ble President, list before the concerned Bench for appropriate orders on 16.09.2019.”

Learned Counsel for the Complainants before us had agreed that she would not press any other relief except the refund of the deposited amount along with interest @ 18% p.a. which had also been awarded by the Bench vide order dated 25.03.2019.  In view of this submission and in view of observations of Mr. Justice V. K. Jain, Judicial Member, NCDRC, following reliefs are granted in this matter:

  1. We hereby order that the entire deposited money to be refunded to the Complainants along with interest @ 18% p.a. from the date of respective deposits till realization;

  2. No other relief is granted to the Complainants.

     

Order dated 25.03.2019 shall be read as part of this order.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER
......................
PREM NARAIN
MEMBER

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