Delhi

StateCommission

A/378/2018

SWASTIK PROPERTIES - Complainant(s)

Versus

SH. OM PRAKASH & ANR. - Opp.Party(s)

D.K. SINGH

14 Nov 2018

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

Date of Decision:14.11.2018

 

 

First Appeal-378/2018

 (Arising out of the order dated 04.06.2018 passed in Complainant Case No. 397/2014 by the District Consumer Disputes Redressal Forum (North East), Nand Nagri, Delhi)

 

 

Swastik Properties,

Through Proprietor,

Sh. Anuj Kanodia,

1/10677, Subhash Park,

Gali No.4, Naveen Shahdara,

Delhi-110032.

…..Appellant

 

Versus

1.       Sh. Om Prakash,

S/o Sh. Mor Mukut,

R/o H.No.1/11314-B

ST-3, Subhash Park Extn.,

Delhi-110031.

 

2.       Sameer Buildtech Pvt. Ltd.,

Through Authorised Representative,

(Builder & Contractor),

68/2, Govind Park,

Jagatpuri, Delhi-51.

 

3.       Sh. Sameer Gupta,

          S/o Late Sh. Ashok Gupta,

          68/2, Govind Park,

          Jagatpuri, Delhi-51.

.….Respondents

 

 

 

CORAM

 

Justice Veena Birbal, President

Salma Noor, Member

 

1.      Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

 

 

Justice Veena Birbal, President

 

 

1. This is an appeal under Section 15 of the Consumer Protection Act, 1986 (in short, the “Act”) wherein prayer is made for setting aside order dated 4.6.18 passed by the Consumer Disputes Redressal Forum (North East), Nand Nagri, Delhi (in short, the “District Forum”) in Complaint Case No.397/2014 whereby the aforesaid complaint has been allowed and appellant/OP-1 along with respondent-2 & 3 i.e. OP-2 & 3 before the District Forum are held guilty of deficiency in service and unfair trade practice and have been directed jointly and severally as under:

 

“We therefore, after hearing arguments of the complainant and thoroughly scrutinizing/analyzing the documentary evidence placed on record by both sides and judgements cited by the complainant hold the OPs guilty of deficiency of service and unfair trade practice and direct all the OPs jointly or severally as business partner to each other and therefore, vicariously liable for deeds of each other to refund a sum of Rs.14,50,000/- to the complainant along with interest @ 9% per annum from the date of filing of present complaint till realization.  We further direct the OPs jointly or severally to pay a sum of Rs.20,000/- on account of mental harassment and Rs.10,000/- towards cost of litigation to the complainant.  Let the order be complied with within 30 days of receipt of certified copies of this order.”

 

 

2.       Ld. Counsel for appellant/OP-1 has submitted that complaint case was admitted only against respondent-3/OP-3 only before the District Forum.  It is stated that in these circumstances, the District Forum ought not have held appellant/OP-1 liable for guilty of deficiency in service and unfair trade practice with other respondents/OPs. 

 

3.       The order dated 12.11.14 of Ld. District Forum in this regard is relevant.  Accordingly the same is reproduced as under:

 

“Heard. To documents file this seems to be triable issue so far as OP-3 Sameer Gupta is concerned, therefore we admit the complaint against OP-3.  Issue notice to OP-3 for 18.12.2014.”

 

4.       Perusal of aforesaid order shows that complaint was admitted against respondent-3/OP-3.  Even no notice was issued to appellant/OP-1 by District Forum.

 

5.       Counsel for respondent-1/complainant is present who admits the aforesaid position and states that respondent-1/complainant has no objection if the directions given in the impugned order are set aside against appellant/OP-1.

 

6.       Considering the material on record as well as with the consent of respondent-1/complainant, we allow the present appeal and set aside the impugned order qua appellant/OP-1 only.

 

7.       Appeal stands allowed accordingly.

 

 

 

8.       A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum for information.  Thereafter the file be consigned to record room.      

 

 

 (Justice Veena Birbal)

• President 

 

(Salma Noor)

Member

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