NCDRC

NCDRC

FA/469/2021

M/S. OMAXE LTD. - Complainant(s)

Versus

SHALU JAIN - Opp.Party(s)

M/S. PRAVIN BAHADUR & ASSOCIATES

23 Jul 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 469 OF 2021
 
(Against the Order dated 08/12/2020 in Complaint No. 1085/2016 of the State Commission Delhi)
1. M/S. OMAXE LTD.
10, LOCAL SHOPPING COMPLEX, KALKAJI
South East
DELHI
...........Appellant(s)
Versus 
1. SHALU JAIN
GAYATRI SCHOOL WALI GALI, NEAR ROHTASH ATTA CHAKKI, BHARAT NAGAR COLONY, BHIWANI
BHIWANI
HARYANA
...........Respondent(s)
FIRST APPEAL NO. 94 OF 2021
 
(Against the Order dated 08/12/2020 in Complaint No. 1082/2016 of the State Commission Delhi)
1. SMT. SHALU JAIN
W/O. SH. PRASSON KUMAR, R/O. H NO 825/1, (403) GAYATIR SCHOOL WALI GALI NEAR ROHTASH ATTA CHAKKI, BHARAT NAGAR COLONY
BHIWANI
HARYANA 127 021
...........Appellant(s)
Versus 
1. M/S. OMAXE LTD.
THROUGH ITS MANAGING DIRECTOR, OMAXE HOUSE, 7, LOCAL SHOPPING CENTRE, KALKAJI
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER
 HON'BLE MR. SUBHASH CHANDRA,MEMBER

For the Appellant :
Mr. Pravin Bahadur, Advocate
For the Respondent :
Mr. O. P. Gupta, Advocate

Dated : 23 Jul 2021
ORDER

ORDER (ORAL)         

         These two cross Appeals have arisen out of the order dated 08.12.2020 of the State Consumer Disputes Redressal Commission, Delhi (for short “the State Commission”) in Complaint No.1085 of 2016.

2.      Learned Counsel for the parties have pointed out that there is some technical defect in the impugned order to the extent that the directions issued by the State Commission relate only to the Complaint No.1082 of 2016.  It is submitted that although in para 26 of the impugned order, the State Commission has said that these directions would be applicable to other five Complaints, however, the demand raised in all the other Complaints were different than what has been ordered in para 24 of the impugned order.  It is requested that the matter be remanded back to the State Commission for fresh decision.  It is also pointed out by the

 

-3-

learned Counsel appearing for M/s Omaxe Limited that there is                  no mention of the facts of Complaint No.1085 of 2016 in the impugned order.

3.      In view of these submissions of the learned counsel for the parties, the impugned order is set aside.  The matter is remanded back to the State Commission for re-hearing.

4.      Parties are directed to appear before the State Commission on 23.08.2021.

5.      Both these Appeals stand disposed of in these terms.

 

 
......................J
DEEPA SHARMA
PRESIDING MEMBER
......................
SUBHASH CHANDRA
MEMBER

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