At, National Consumer Disputes Redressal Commission NCDRC
By, THE HONOURABLE MR. JUSTICE V.K. JAIN
By, PRESIDING MEMBER
For the Petitioners: Arjun Sanjay, Advocate. For the Respondents: Amber Sachdeva, B.K. Mishra, Poonam, Advocates.
Oral:In the present case, the dispute is with respect to Plot No.1563 which the Atam Nagar Co-op. House Building Society had allegedly allotted to the complainant - Randhir Kalra. The case of Ludhiana Improvement Trust is that the above-referred plot was amongst the plots which the society had purchased directly from them. This is also the case of the Trust that they had given possession either of all those plots which they had sold directly to the Society or possession of the alternative plots wherever possession of one or more of those plots could not be given. The learned counsel for the complainant submits that this stand was taken by the Trust for the first time before the State Commission and this was not the stand taken before the District Forum. However, there is no affidavit of the Society on record either admitting or denying the stand taken by the Trust. In other words, the Society has not stated on oath as to whether possession of plot No.1563 or any other plot in lieu of this particular plot was delivered to it by the Trust or not. The learned counsel for the complainant submits that in view of the aforesaid position, he will have to file a fresh complaint with all the requisite averments taking note of the stand taken by the Trust as well as the stand of the Society with respect to plot No.1563 which it had allotted to the complainant. There is no objection by any party to the aforesaid submission.2. After detailed arguments lasting more than two hours, the learned counsel for the complainant on instructions seeks to withdraw this complaint with liberty to file a fresh complaint on the same cause of action.3. Hence, the revision petitions are disposed of with the following consent order:-1. The impugned orders are set aside and the consumer complaint is dismissed as withdrawn.2. The complainant is granted liberty to file a fresh complaint on the same cause of action.3. If a fresh consumer complaint is filed, it can be contested by the Society as well as by the Trust on all such grounds including the ground of limitation as may be open to them in law.4. The complainant shall be entitled to seek benefit of the proviso to Section 24A of the Consumer Protection Act. It will be for the concerned Consumer Forum to take an appropriate view if and when any such benefit is sought. The other parties will be heard before taking a view on the aforesaid request of the complainant.5. The balance amount lying deposited out of the amount of Rs.10 lakhs which the Society had deposited in compliance of the order of the State Commission shall remain deposited and fresh order with respect to the said amount shall be passed by the concerned Forum before which a fresh consumer complaint is filed. It is submitted that out
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of total deposit of Rs.10 lakhs, Rs.5 lakhs have already been withdrawn by the Society. If no fresh consumer complaint is filed within three months from today, the Society shall be entitled to withdraw the balance amount alongwith interest which may have accrued on it.6. There will be no order as to cost.