Case nº Revision Petition Nos. 1046 to 1050 of 2014 of National Consumer Disputes Redressal Commission, February 18, 2014 (case Lakshmi Vatika Limited Vs Ravi Rai Khurana)
| Judge | For Appellant: Mr. Yashpal Singh and Ms. Atryee Gautam, Advocates and For Respondents: None |
| President | J.M. Malik, J. (Presiding Member) |
| Resolution Date | February 18, 2014 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
J.M. Malik, J. (Presiding Member)
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This order shall decide five consumer revision petitions, arising out of five separate complaints which were filed by M/s. Lakshmi Vatika Limited, petitioner No. 1, Shri Sanjiv Anand, petitioner No. 2, Shri Alpana Agarwal, petitioner No. 3 against the five complainants, namely, Mr. Ravi Rai Khurana, Ms. Navneet Chanana, Ms. Prakher Jyoti, Mr. Girish Jolly and Mr. Baldev Raj Khurana, who had booked separate residential plots in Laxmi Vatika Ltd., opposite party No. 1, which is a company founded by Shri Devendra Kumar Aggarwal 2. Sanjiv Anand, Petitioner No. 2 is stated to be neither the Director nor the share-holder of petitioner No. 1/company. The petitioner No. 1 had collected the money from the public towards booking of residential plots etc. However, due to certain procedural delay or lapses on the part of the persons in control of the company, various cases, civil as well as criminal, came to be filed against the company and its Directors. Shri Sanjiv Anand was a director in M/s. Mastiff Buildcon Pvt. Ltd., who had entered into a collaboration agreement with M/s. Lakshmi Vatika Limited/opposite party No. 1 and as per the said collaboration agreement, M/s. Mastiff Buildcon Pvt. Ltd. was to develop the project of the company (LVL) at Dehradun. M/s. Mastiff Buildcon Pvt. Ltd. like all other investors was a creditor of the petitioner No. 1/company.
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In the meantime, the Complainants filed a case before the District Forum. Petitioner Nos. 2 and 3 were not a party to the complaint on 27.10.2007. The Hon'ble High Court of Delhi initiated the contempt proceedings against Shri Devendra Kumar Aggarwal and Shri Vikas Singh, Directors of petitioner No. 1 in its own motion. Shri Devendra Kumar Aggarwal since deceased undertook to refund the 100 % principal amount without any deduction and without any interest in a time bound manner within 19 months. In the meantime, on 8.12.2011, ex parte final order was passed by the District Forum wherein the complaint was allowed and the complainants were awarded the principal amount, compensation and interest @ 9% p.a.
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On 9.5.2011, the respondents filed an execution application against the petitioner No. 1 before the Consumer Fora.
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In the meantime, on 30.6.2011, the High Court was pleased to drop the contempt proceedings on the undertaking given to the High Court by Shri Devendra Kumar Aggarwal personally. All the properties were already lying attached as per...
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