LAWS(NCD)-2023-5-30

VIRAJ CONSTRUCTION PVT. LTD. Vs. VINOD KUMAR SHUKLA

Decided On May 12, 2023
Viraj Construction Pvt. Ltd. Appellant
V/S
Vinod Kumar Shukla Respondents

JUDGEMENT

(1.) The present First Appeal (FA) has been filed by the Appellants against Respondents as detailed above, under Sec. 51(1) of Consumer Protection Act, 2019, against the Interim Orders dtd. 2/3/2023 and 27/4/2023 passed by the State Consumer Disputes Redressal Commission, U.P., Lucknow (hereinafter referred to as the 'State Commission'), in Complaint Case No.15 of 2021, inter alia praying for setting aside the impugned orders dtd. 2/3/2023 and 27/4/2023 and granting ex-parte stay on the operation of the impugned orders and dismissing the Complaint Case No. 15 of 2021 filed by the Respondents.

(2.) The Appellants were the OPs whereas the Respondents were Complainants in the CC/15/2021 before the State Commission. Appellants challenged the order dtd. 8/3/2022 of the State Commission and this Commission vide order dtd. 5/8/2022 allowed the First Appeal No. 200/2022, the operative portion of which is reproduced below:-

(3.) Thereafter, Respondent Nos. 2 to 5 (Complainants 2 to 5 in the Consumer Complaint) filed an Application before the State Commission to withdraw their case, which was allowed vide impugned order dtd. 2/3/2023 with liberty to file a fresh complaint in the competent court. It was also stated in this order that thereafter the complainant should submit an application within 7 working days to delete only complainant No. 2 to 5 and prayer made against them from the complaint. Subsequently vide impugned order dtd. 27/4/2023, after hearing counsel for the parties in detail, the judgment has been reserved by the State Commission.