GATHA TIWARY Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) This consumer complaint has been filed by Gatha Tiwary & anr. against the opposite parties Emaar MGF Land Ltd. & anr. alleging deficiency in service. IA No.3755 of 2017 has been filed by the opposite parties mentioning that the complaint is not maintainable as one of the joint complainants namely, Anurag Rudra @ Mr. Anurag Tiwary, had earlier filed a civil suit for the same relief, however, the civil suit has been dismissed and relief has not been granted to the complainants. In this context, it has been alleged that the complaint filed before this Commission under Consumer Protection Act, 1986 is not maintainable and the same is barred by res judicata. The complainants filed reply to this IA/3755/2017. Both the parties were heard on this IA/3755/2017.

(2.) Learned counsel for the opposite parties stated that the booking has been made by the two complainants in their joint names. The complainant No.2, Anurag Rudra @ Mr. Anurag Tiwary had filed a civil suit before the Additional District Judge Gurgaon, with the following prayers:-

(3.) After contest, the suit was dismissed on 11.07.2016. Thus, this dismissal of the suit filed by one of the complainants will act as res judicata for the present complaint case where similar relief has been sought. The prayers made in the present complaint are:-