MANISHA KAUSHAL & ORS Vs. S V P BUILDERS (INDIA) LTD & ORS
LAWS(SC)-2019-1-249
SUPREME COURT OF INDIA
Decided on January 03,2019

Manisha Kaushal And Ors Appellant
VERSUS
S V P Builders (India) Ltd And Ors Respondents

JUDGEMENT

- (1.) The appeal arises from a decision dated 5 November 2015 of the National Consumer Disputes Redressal Commission ("NCDRC").
(2.) On 5 November 2015, the NCDRC passed the following order:- "Learned counsel for the parties present. Last time, we passed the following order: It is also made clear that the moment, the entire amount is paid by the complainants, the OP will hand over the possession, within 15 days from the receipt of the amount. Otherwise, the Commission will take a serious view of that. According to the learned counsel for the complainants, the complainants paid the entire amount on 14.12.2014. The opposite party is not following the order of this Commission. The opposite party is trying to delay the case. Complainants evidence has not been filed. Learned counsel for the opposite party prays for time till 20.2.2015. Time is granted subject to payment of Rs.5,000/- to each of the complainants. This is the last opportunity that if the flat is not given by 20.2.2015, the Commission will impose heavy costs upon the opposite party. That will be on the basis of per day. If the possession is not given upto 20.2.2015, costs of Rs.5,000/- per day to each of the complainant be paid. The matter is adjourned to 23.2.2015."
(3.) The NCDRC found that the counsel for the complainants had made a statement that the entire amount stood paid on 14 December 2014, whereas in actuality it was paid on 19 January 2015.;


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