Consumer appeal against order on preliminary issue
Mukesh Sharma
(Querist) 09 March 2014
This query is : Resolved
Dear sir,
I have filed a complaint against developers
(1) Siddhivinayak Kohinoor Associates
(2) Sidhivinayak Builders
(3) Kohinoor Builders
(4) Mr. Rajesh Shakla
(5) Mr. Jay Patel
O.P. No. 1 is Joint venture of O.P. No. 2 and 3. (but no documentary proof is available and names are not exactly known to Complainant).
That the amount was given as per Quotation but the agreement was not issued / registered by O.Ps.
Issues :
(1) Complainant had booked shop in project and a receipt was issued in the name of
Siddhivinayak Kohinoor.
(2) We sent notice to Mr. Rajesh Shakla (partner of Siddhivinayak Kohinoor (OP 4)
& Mr. Jay Patel (partner of Siddhivinayak Kohinoor (OP 5).
(3) In their reply their advocate stated
"My client Mr. Rajesh Sakla, Partner of
Siddhivinayak-Kohinoor Associates ....."
and they returned the booking amount with interest.
That is his advocate stated the correct name as Siddhivinayak-Kohinoor Associates instead of Siddhivinayak-Kohinoor and hence we made Siddhivinayak-Kohinoor Associates as OP No. 1.
(4) The legal status of O.P. No 1,2 and 3 are unknown to complainant and even to the court. (Whether it is Private Ltd., Partnership or proprietorship).
(5) The O.P. No. 2, 3 and 5 remained absent / Ex-parte despite notice was duly served (ordered of Ex-parte proceeding was passed by court).
Now the court has discharged the O.P. No. 1 and 4 as receipt was issued by Siddhivinayak-Kohinoor despite that the O.P. No. 4 is common person and has taken booking.
The O.P. No. 4 Mr. Rajesh Sakla is a clever
person he operates his all business by different names and he is common in Siddhivinayak-Kohinoor and also in Siddhivinayak-Kohinoor Associates and in many other similar names development projects.
The Complainant is aggrieved by the order of the District Forum as might be O.P. No. 2 and 3 might not exist and want to appeal in State Commission Maharashtra against the order to release O.P. No. 1 and 4 of District forum and I want suggestions from experts.
Thanking you,
Adv. Mukesh Sharma
R.K Nanda
(Expert) 09 March 2014
consult local lawyer with papers.
ajay sethi
(Expert) 09 March 2014
you have received refund of your booking amount with interest . you have accepted the same . what remains in complaint now . forum has discharged 1 and 4 as they have refunded your money . you have got exparte orders against other OP
Mukesh Sharma
(Querist) 09 March 2014
Dear sir,
1. They had sent cheque with interest but we refused to accept the same
and
2. the court passed the order to proceed ex parte against op no 2, 3
And 5.
3. The court discharged them for reason stated above.
Please read my query.
Adv. Mukesh Sharma
Mukesh Sharma
(Querist) 09 March 2014
Dear sir,
1. They had sent cheque with interest but we refused to accept the same
and
2. the court passed the order to proceed ex parte against op no 2, 3
And 5.
3. The court discharged them for reason stated above.
Please read my query.
Adv. Mukesh Sharma
Mukesh Sharma
(Querist) 09 March 2014
Dear sir,
1. They had sent cheque with interest but we refused to accept the same
and
2. the court passed the order to proceed ex parte against op no 2, 3
And 5.
3. The court discharged them for reason stated above.
Please read my query.
Adv. Mukesh Sharma
Rajendra K Goyal
(Expert) 09 March 2014
Consult a lawyer dealing cases in state Commission and show him all the papers.
Devajyoti Barman
(Expert) 09 March 2014
what is the nature of proceeding?
The consumer forum has no power to discharge a party before the conclusion of the case.
T. Kalaiselvan, Advocate
(Expert) 11 March 2014
I think your suspicion is reasonable. You may prefer an appeal before the state forum if you feel that the grievances have not been properly redressed.
Mukesh Sharma
(Querist) 11 March 2014
Thank you all for your reply....
