NCDRC

NCDRC

RP/1294/2014

HARYANA STATE COOPERATIVE HOUSING FEDERARION LTD. - Complainant(s)

Versus

RISHI RAJ & 2 ORS. - Opp.Party(s)

M/S. UPADHYAY & UPADHYAY

28 Nov 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1294 OF 2014
 
(Against the Order dated 16/12/2013 in Appeal No. 637/2013 of the State Commission Haryana)
1. HARYANA STATE COOPERATIVE HOUSING FEDERARION LTD.
BAYS NO-49-52,SECTOR-2, THROUGH ITS MANAGING DIRECTOR
PANCHKULA
HARYANA
...........Petitioner(s)
Versus 
1. RISHI RAJ & 2 ORS.
S/O LATE SH.MADAN LAL, S/O KISHORI LAL , R/O VILLAGE NANGAL KALIA, TEHSIL NARNAUL
DISTRICT: MAHENDERGARH
HARYANA
2. THE NARNAUL COOPERATIVE HOUSING BUILDING SOCIETY LTD.,
THROUGH SECRETARY,IN FRONT OF POLICE LINE, NARNAUL
DISTRICT : MAHENDERGARH
HARYANA
3. MAM RAJ & LAXMI KANT, S/O LATE SH. MADAN LAL,
R/O VILLAGE , NANGAL KALIA, TEHSIL NARNAUL,
DISTRICT : MAHENDERGARH
HARYANA
...........Respondent(s)

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

For the Petitioner :
Mr.Sarvjit Pratap Singh, Advocate
For the Respondent :

Dated : 28 Nov 2014
ORDER

        Learned counsel appearing for the petitioner states that despite demand, Respondent No.2 Society has refused to furnish a statement of account of the petitioner, as maintained by them in their records.  In view of the submission, I proceed to hear learned counsel for the petitioner.

        The short grievance of the petitioner is that the direction by the State Commission to Respondent No.2 to issue a No-Objection Certificate to the complainant, after receiving the amount, as indicated in Para-3 of the order, would adversely affect the rights of the petitioner Federation, in as much as the Society has created a mortgage in their favour by deposit of the Title Deeds of the property in question.

There is no merit in the submission.  An inter se dispute between the Federation and the Society cannot deprive the respondent/complainant of the Title Deeds of the property after he discharges the debt towards the Society, in terms of the impugned order.

        Consequently, the Revision Petition preferred by the Federation, being devoid of any merit, is dismissed.

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

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