National Consumer Disputes Redressal
M/S. Fortune Investments & Anr. vs Panch Ritu Co-Operative Housing ... on 10 September, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 546 OF 2015 (Against the Order dated 09/06/2015 in Complaint No. 258/2014 of the State Commission Maharastra) WITH IA/4365/2015,IA/6198/2015 1. M/S. FORTUNE INVESTMENTS & ANR. HAVING ITS REGISTERED OFFICE AT: ORION 1ST FLOOR, NEHRU ROAD, SANTACRUZ (WEST) MUMBAI-400055 MAHARASHTRA 2. MR. HITESH BHAGATANI HAVING HIS OFFICE AT ORION, 1ST FLOOR, NEHRU ROAD, NEAR BANARAS SWEET, SANTACRUZ WEST, MUMBAI-400055 MAHARASHTRA ...........Appellant(s) Versus 1. PANCH RITU CO-OPERATIVE HOUSING SOCIETY LTD. & 2 ORS. A CO-OPERATIVE SOCIETY REGISTED UNDER THE MAHARASHTRA CO-OPERATIVE SOCITIES ACT,1960, HAVING ITS REGISTERED OFFICE AT: PANCHRITU, PANCH SHRISTI COMPLEX, CHANDIVALI POWAI, MUMBAI-400072 MAHARASHTRA 2. M/S. AYUSH ENTERPRISES A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932, HAVING ITS PRINCIPAL PLACE OF ADDRESS AT, SRISHTI HOUSE, NSB ROAD, MULUND, WEST, MUMBAI-400080, MAHARASHTRA 3. MR. RAJESH VILLAITRAMANI HAVING OFFICE AT SRISHTI HOUSE, NSB ROAD, MULUND WEST, MUMBAI-400080, MAHARASHTRA ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER HON'BLE MR. PREM NARAIN, MEMBER For the Appellant : Mr. Rajeev M. Roy, Advocate For the Respondent : For the Respondent No. 1 : Mr. S.K. Ghosh, Advocate For the Respondent No. 2 & 3 : Mr. Dilpreet Singh, Advocate Dated : 10 Sep 2015 ORDER Counsel for respondent No. 2 and 3 filed his vakalatnama which is taken on record.
Heard.
Ld. Counsel for respondent No. 1/ complainant states, that there is no objection if impugned order passed by the State Commission is set aside and present appeal is allowed, provided only one opportunity is given to the Appellants to file affidavit by way of evidence and also subject to payment of heavy costs.
Respondent No. 1 had filed the consumer complaint before State Commission in the year 2014, claiming about a sum of Rs. 56,00,000 (Fifty Six Lacs) towards bill and quotation and a sum of Rs. 10,00,000 (Ten Lakhs) as compensation.
As per impugned order, many opportunities were given to the appellants to file affidavit by way of evidence.
Therefore, keeping in view the facts and circumstances of this case as well as the No Objection given by respondent No. 1, the impugned order passed by the State Commission is set aside.
The present appeal is allowed subject to payment of Rs. 1,00,000/- (One Lac) as cost, which shall be shared equally by the Appellants, in above two appeals. Only one opportunity is given to the appellants to file evidence by way of affidavit, within two weeks before the State Commission, with copy to the opposite party. In case, appellants fail to comply with the above directions within specified period, then their right to file affidavit by way of evidence shall stand close automatically.
The costs shall be remitted, by the appellants to respondent no. 1, directly by way of demand draft.
Parties are directed to appear before the State Commission on 30.09.2015, the date already fixed.
Present appeals stands disposed off accordingly.
Dasti to both the parties.
......................J V.B. GUPTA PRESIDING MEMBER ...................... PREM NARAIN MEMBER