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ATS Estates Pvt. Ltd. & Others v/s Rajneesh Chawla & Another

    First Appeal No. 86 of 2021

    Decided On, 16 February 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. DINESH SINGH
    By, PRESIDING MEMBER

    For the Appearing Parties: Kapil Kher, Kunal Kher, Advocates.



Judgment Text

Taken up through video conferencing.

1. This relates to a builder-buyer dispute.

2. The State Commission has provided relief [essentially of 'possession and registration of the subject unit with compensation for delay' (and concomitant conditions / addendums)] as contained in para 33 of its impugned Order dated 17.11.2020, and, in case of failure to comply therewith, has provided alternative relief [essentially of 'refund of the deposited amount with interest' (and concomitant conditions / addendums)] as contained in para 34 of its said Order of 17.11.2020, with 60 days being provided for compliance (para 40).

3. Learned counsel for the appellants submits that the award made by the State Commission, as contained in paras 33, 34 and 40 of its impugned Order dated 17.11.2020, consists of two alternative remedies. The compliance is required to be made within 60 days, which, in effect, restricts and curtails the principal remedy of 'possession and registration of the subject unit with compensation for delay' (and concomitant conditions / addendums). The sole relief the appellants want in appeal is grant of a reasonable period for compliance of the principal remedy (para 33), beyond the period of 60 days provided by the State Commission (para 40), as to reasonably enable the appellants to comply with the said principal remedy (para 33). The appellants will withdraw their instant appeal, with liberty to file a fresh appeal, within 30 days, restricted and confined to the sole prayer that a reasonable period for compliance, beyond the period of 60 days provided by the State Commission, may be granted.

4. The submissions are recorded. The appellants shall be bound by the submissions made by their learned counsel.

5. The instant first appeal no. 86 of 2021 is dismissed as withdrawn with explicit liberty to the appellants to file a fresh appeal, within 30 days, limited and confined to the sole prayer that the appellants be granted a reasonable period for compliance of the principal remedy (para 33), beyond the period of 60 days provided by the State Commission (para 40), as to reasonably enable the appellants to comply with the said principal remedy (para 33).

6. The statutory amount of Rs. 35,000/- deposited by the appellants while filing the instant appeal be refunded to the appellants by the Registry as per the due procedure.

7. Execution of the impugned Order dated 17.11.2020 of the State Commission shall remain stayed for a period of 30 days (only) from today.

8. So dispose

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d. 9. The Registry is requested to send a copy each of this Order to the appellants, to their learned counsel, to the respondents and to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission at the earliest.
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