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Judgment
Taken up through video conferencing.
Heard the learned counsel for the appellant.
Perused the material on record.
This appeal has been filed against the Order dated 03.02.2020 passed by the State Commission.
The impugned Order dated 03.02.2020 inter alia reads as below:
Present application has been moved on behalf of M/s Uppal Chaddha Hi-Tech Developers Private Ltd. for extending period of payment provided in judgment and order dated 18-10-2019 passed by this State Commission in Complaint No. 403/2017 Smt. Manu Rana and another V/s M/s Uppal Chaddha Hi-Tech Developers Private Ltd. Applicant is opposite party in above complaint.
Vide above order passed in complaint it has been ordered that opposite party shall pay Rs.15,82,304/- deposited by complainants within three months with interest at the rate of 10% per annum from the date of deposit till date of payment and further order has been passed that in case of default of payment as provided above, the opposite party of complaint shall pay above deposited amount of Rs.15,82,304/- to complainants with interest at the rate of 18% per annum from the date of deposit till date of payment.
The judgment and order dated 18-10-2019 is a final order and in view of proposition laid down by Hon'ble Apex Court in the case of Rajeev Hitendra Pathak and others V/s Achyut Kashi Nath Karekar and another reported in IV (2011) CPJ 35(SC) this State Commission has no jurisdiction to review or recall its order passed earlier.
In view of above application moved by opposite party is rejected.
A mere reading of the Order shows that the State Commission has recorded that it has no jurisdiction to review or recall its own Order. The afore is the correct proposition of law. That being so, this Commission fails to understand as to why an appeal has been filed before this Commission when the State Commission had passed a correct lawful Order.
Mr. Arjun Nanda, advocate, learned counsel for the appellant builder co., submits, on instructions, that the builder co. wishes to withdraw its instant appeal and would seek appropriate remedy as permissible under law.
The above submission, made on instructions, is recorded.
The appeal is dismissed as withdrawn, without the option to file it again apropos the Order dated 03.02.2020 that was impugned herein.
Let a copy each of this Order be sent to the State Commission and to all parties by the Registry within three days.