Jaypee Kasablanca Buyers Welfare Association vs Jaiprakash Associates Ltd

RA no.165 of 2022 (for review)

In Chamber

The opposite party has filed the present review application no.165 of 2022 against the order dated 27th May 2022 passed by this Commission in CC no. 2588 of 2017 – Jaypee Kasablanca Buyers Welfare Association vs Jaiprakash Associates Ltd.­­­­, on the ground that the number of members of the complainant Association are 18 and not 22 as stated in the order dated 27th May 2022.

We have gone through the review application and the records. It is seen from the records that the complainant had filed the consumer complaint on behalf of 22 members as per the Memo of Parties. However, while certain members were deleted vide orders dated 12.10.2018 and 14.01.2019, the complainant have not filed any fresh affidavit along with amended memo of parties to support their contentions. The complainants have instead annexed a fresh list of members in their written synopsis.

While it was the duty of the learned counsel for the complainant to file an amended Memo of Parties with supporting affidavit, the case as finally heard related only to 18 members of the complainant association and not 22 as reflected in the order.

Hence, we find that there is an error apparent on the face of the record in the final order dated 27th May 2022 which needs to be corrected. In view of the above, the review application filed by the complainant is allowed and the following directions are hereby passed:

i. The opposite party shall refund the entire amounts deposited by the 18 complainants from the respective dates of deposit with interest @ 9% till the date of repayment.

ii. The opposite party shall pay litigation cost of Rs.25,000/- to the individual complainants before us;

iii. Compliance of this order shall be done within three months failing which penal interest @ 12% simple interest shall be paid till the date of payment.