NCDRC

NCDRC

RP/2500/2016

M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. & ANR. - Complainant(s)

Versus

PUNYA JYOTI CHOWDHURY & 6 ORS. - Opp.Party(s)

MR. PRITHU GARG

04 Oct 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2500 OF 2016
 
(Against the Order dated 04/03/2016 in Appeal No. 839/2014 of the State Commission West Bengal)
1. M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. & ANR.
P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BEGNAL
2. SRI ASHOK KUMAR BOSE, MANAGING DIRECTOR,
M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BENGAL
...........Petitioner(s)
Versus 
1. PUNYA JYOTI CHOWDHURY & 6 ORS.
S/O. LATE PHANIBHUSAN CHOWDHURY, 38, R.N. TAGORE ROAD, NABAPALLY THAKURPUKUR, P.S. HARIDEVPUR,
KOLKATA-700063
WEST BENGAL
2. SRI INDRA NATH CHOWDHURY, AUTHORISED PERSON,
M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BENGAL
3. SRI NIRMAL RAJAN DEY, AUTHORISED PERSON
M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BENGAL
4. SRI GANGA RAM SHAW,
AUTHORISED PERSON, M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BENGAL
5. SRI ASHISH SINHA ROY,
AUTHORISED PERSON, M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BENGAL
6. SRI SUBARATA BOSE,
AUTHORISED PERSON, M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BENGAL
7. SRI HIRA LAL DAS(TAPAN DAS),
AUTHORISED PERSON, M/S. DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. P-525, HEMANTA MUKHOPADHYAY SARANI, P.S. LAKE,
KOLKATA-700029
WEST BENGAL
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT

For the Petitioner :
Mr. Prithu Garg, Advocate
For the Respondent :NEMO

Dated : 04 Oct 2017
ORDER

In furtherance of order dated 15.02.2017, whereby, while noting that Respondent No.1/Complainant had expressed his inability to appear before this Commission to prosecute the Revision Petition on account of his financial constraints, it was directed that it may be enquired from the Complainant whether he was prepared to accept the refund of the amount deposited by him with the Petitioner herein, along with a reasonable rate of interest. 

A letter has now been received on 18.09.2017 from the Complainant, wherein he has stated that he is ready and willing to accept the amount deposited by him, along with interest, as may be directed by this Commission.

In light of the said order and bearing in mind the fact that the entire amount deposited by the Complainant with the Petitioner Company, along with interest @ 12% p.a. from the date of each deposit till 30.11.2016, has already been deposited and invested in the FDRs by the Registry, the Revision Petition is disposed of with a direction that the amount stated to have been deposited by the Petitioner Company in this Commission, shall be released to the Complainant forthwith.  The balance amount due towards interest @ 12% p.a. from 01.12.2016 to 30.09.2017 shall be remitted by the Petitioner directly to the Complainant subject to adjustment of amount of interest accrued on the FDRs, within four weeks from the date of receipt of a copy of this order. 

The Revision Petition stands disposed of in the above terms with no order as to costs.

 
......................J
D.K. JAIN
PRESIDENT

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