NCDRC

NCDRC

RP/2441/2011

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

Versus

YOGESH KUMAR GARG - Opp.Party(s)

M/S. MUKTI BODH & CO.

02 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2441 OF 2011
 
(Against the Order dated 04/07/2011 in Appeal No. 245/2011 of the State Commission Delhi)
1. M/S. OMAXE BUILDHOME PVT. LTD.
Regd Office:- 10 Local Shopping Complex, Kalkaji
New Delhi -
...........Petitioner(s)
Versus 
1. YOGESH KUMAR GARG
S/o Sh Ram Avtar Garg, R/o Flat no - 3,2nd Floor Plot No.1, Gagan Vihar Extn
Delhi - 110092
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :M/S. MUKTI BODH & CO.
For the Respondent :NEMO

Dated : 02 Aug 2011
ORDER

Heard learned counsel for the petitioners.

The impugned orders rendered in both these petitions are of discretionary nature.  The chief contention of the petitioner is that it is not concerned with the transactions in question.  Our attention is invited to the receipt issued by M/s Omaxe Buildhome Pvt. Ltd.  The question pertaining to identity of the petitioner as the contracting party qua the respondent is required to be decided on merits.  We, therefore, direct that the amount to be deposited by the petitioner be not disbursed, until the prima facia evidence about the identity of the petitioner as contracting party is pointed out and considered by the State Commission.

The Revision Petitions are dismissed in limine.

 

 
......................J
V. R. KINGONKAR
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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