At, National Consumer Disputes Redressal Commission NCDRC
By, THE HONOURABLE MR. DINESH SINGH
By, PRESIDING MEMBER & THE HONOURABLE MR. JUSTICE KARUNA NAND BAJPAYEE
For the Complainants: Bhaskar Vali, Advocate. For the Opposite Parties: -------
Taken up through video conferencing.
1. This is further to the earlier Order dated 06.08.2021, vide which, of the total thirty three complainants in this complaint, twenty six complainants were deleted from the complaint with liberty to seek remedy in any appropriate forum / court as per the law.
2. Learned counsel for the remaining seven complainants i.e. complainant no. 1 (Harish Chavan), no. 5 (Bhuvaneshwaran H. Iyer), no. 6 (Faisal Soudagar), no. 8 (Rakesh Ramesh Agarwal), no. 13 (Nityanand Poojary), no. 16 (Rajendra Takle) and no. 21 (Harish Purandare) submits, on instructions, that these seven complainants wish to withdraw from the complaint with liberty to file their complaint(s) before the State Commission.
He further submits that ‘deficiency’, ‘negligence’ and ‘unfair trade practice’ is continuingly subsisting on the part of the opposite party builder co., as such it is a continuing cause of action, not barred by limited; however, as a matter of due precaution, a direction be made that the period spent in the instant proceedings before this Commission will not be counted towards limitation.
3. In the wake of the above submissions, the complainants no. 1 (Harish Chavan), no. 5 (Bhuvaneshwaran H. Iyer), no. 6 (Faisal Soudagar), no. 8 (Rakesh Ramesh Agarwal), no. 13 (Nityanand Poojary) no. 16 (Rajendra Takle) and no. 21 (Harish Purandare) are deleted from the complaint, with express liberty to file complaint(s) before the State Commission and with explicit direction that the period spent in the instant proceedings before this Commission shall not count towards limitation.
4. With this all thirty three complainants have been deleted from the complaint, as such the complaint has been rendered infructuous.
5. The Registry is requested to send a copy each of this Order to the complain
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ants no. 1, no. 5, no. 6, no. 8, no. 13, no. 16 and no. 21 as well as to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.