National Consumer Disputes Redressal
Om Prakash Gupta & Anr. vs M2K Infratstructure Pvt. Ltd. on 5 January, 2017
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 1245 OF 2016 (Against the Order dated 13/05/2016 in Complaint No. 417/2014 of the State Commission Delhi) 1. OM PRAKASH GUPTA & ANR. S/O. LATE SHRI R.K GUTA , R/O. HOUSE NO 13 NEW R BLOCK OPP CHIJJU RAM SHOPTILA ANAND VIHAR UTTAM NAGAR NEW DELHI 110059 2. SARLA GUPTA W/O. SHRI OM PAKASH GUTA R/O. HOUSE NO 13 NEW R BLOCK OPP CHAJJU RAM HOSPTIAL ANAND VIHAR UTTAM NAGAR NEW DELHI 110059 ...........Appellant(s) Versus 1. M2K INFRATSTRUCTURE PVT. LTD. THROUGH ITS CHAIRMAN/ MANAGING DIRECTOR , E-13/29, HARSHA BHAWAN CONNAUGHT CIRCUS NEW DELHI 110001 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE AJIT BHARIHOKE,PRESIDING MEMBER HON'BLE MR. ANUP K THAKUR,MEMBER For the Appellant : Mr. Ashim Shridhar, Advocate For the Respondent : Mr. Anil Agarwal, Dy. Manager (Legal) Cum-Auth. Representative Dated : 05 Jan 2017 ORDER Shri Anil Agarwal has filed his authority letter which is taken on record.
This appeal is directed against the order of the State Commission, Delhi dated 13.5.2016 dismissing the complaint filed by the complainant for non-prosecution. Alongwith the application an application for Condonation of delay has been filed. Heard. Delay is condoned.
So far as the appeal is concerned, Auth. Representative of the opposite party company has fairly stated at the Bar that the opposite party company has no objection if the impugned order is set aside in interest of justice, subject to payment of cost.
In view of the concession given at the bar and the submissions of the counsel for the appellant, we allow the appeal in interest of justice, subject of cost of Rs.10,000/- to be paid by the complainants to the opposite party. Impugned order is set aside and matter is remitted to the State Commission with the request to dispose of the complaint expeditiously.
Parties to appear before the State Commission on 7.2.2017.
......................J AJIT BHARIHOKE PRESIDING MEMBER ...................... ANUP K THAKUR MEMBER