Tribunals and CommissionsDivision Bench(2024) 05 NCDRC CK 0116

Sunil Gupta vs Gulmohar Empire & Anr

National Consumer Disputes Redressal Commission · Decided on 31 May 2024

HON’BLE JUDGES
Subhash Chandra, Presiding Member · Dr. Sadhna Shanker, Member
RESULT
Dismissed
CASE NUMBER
First Appeal No. 1122 Of 2019

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Judgment

6 paragraphs · 262 words

Heard the learned counsel for the parties at some length.

This appeal is against the order of the State Commission which has referred to the pendency of proceedings before the Civil Judge Junior Division, Derabassi in CS 683 of 2018 and CS 684 of 2018, which relates to dispute between the parties before us with regard to the signing of the Agreement pertaining to the allotment of the units in the project “Midtown Business Park”, Zirakpur. Based upon the submissions made by both the parties today, it is evident that there are several complicated questions of law and facts involving allegations of fraud which needs to be adjudicated by an appropriate Civil Court.

Parties are directed to approach the appropriate Consumer Fora after resolution of these issues before the Civil Court in CS 683 of 2018 and CS 684 of 2019 referred to above, since in the summary proceedings before the Consumer Fora such complicated questions of law and facts cannot be adjudicated.

FA no. 1122 of 2019

It is evident that the State Commission has observed in the impugned order that the parties approach the appropriate Civil Court with liberty of availing concession under Section 14 of the Limitation Act. Counsel for the appellant submits that he wishes to avail this remedy. He is at liberty to do so.

For the above stated reasons, appeal nos. 1513 of 2018, 1122 of 2019 and 1939 of 2018 are dismissed with liberty to the parties to approach the appropriate Consumer Fora at the appropriate time after proceedings before the Civil Court are finalised.