O R A L O R D E R



Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member



1. Heard Mr.A.V.Patwardhan-Advocate for the appellant. Mr.Rahul Gandhi-Advocate for the respondents.

2. Both these appeals and their connected misc.applications for condonation of delay are heard together since they involve identical questions of facts and law. There is delay of about 60 days in filing both the appeals and the reasons mentioned are three fold viz, personal illness, marriage of the son and Terrorist attack on Mumbai, as a result of which offices were paralysed. Delay being not intentional, we find the reason given afford sufficient ground to condone the same and, hence, we allow the misc.applications for condonation of delay being nos.130/2009 in Appeal no.84/2009 and 133/2009 in Appeal no.85/2009.

3. We heard forthwith with consent of parties the appeals on merit. Both these impugned awards are passed ex-parte. Considering the nature of the issues involved, it is desirable to settle the lis after giving fair opportunity to both the parties, on merits. Hence, we hold accordingly and pass the following order:-

ORDER

1. Misc.application nos.130 & 132/2009 for condonation of delay allowed.

2. Appeal nos.84/2009 & 85/2009 are allowed.

3. Impugned orders/awards dated 22/9/2008 are set aside.

4. Matters are remitted back to the Forum below with a direction that fair opportunity to file written statement and rejoinder be given to both the parties and thereafter they be given opportunity under section 13 of Consumer Protection Act, 1986 to lead evidence and then dispute be settled according to law.

5. Both the matters be expedited and shall be decided within 3 months from the date of appearance before the Forum below. Date of appearance before the Forum below is fixed on 25/8/2009.

6. In the meantime appellant undertakes not to create any third party interest in the property. We make it clear that necessary interlocutory application for interim relief to this effect can be made before the Forum below.

7. Appellants from these appeals to bear their own cost and pay Rs.5000/- to respective respondents in each appeal as cost.

8. Copies of the order be furnished to the parties.





(S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member