NCDRC

NCDRC

FA/1639/2017

KUMAR BUILDERS MUMBAI REALTY PVT. LTD. - Complainant(s)

Versus

ARCHANA PARAG RAJE & ANR. - Opp.Party(s)

MR. PAWAN KUMAR RAY

02 Aug 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1639 OF 2017
 
(Against the Order dated 23/03/2017 in Complaint No. 778/2016 of the State Commission Maharashtra)
1. KUMAR BUILDERS MUMBAI REALTY PVT. LTD.
HEAD OFFICE-10TH FLOOR, KUMAR BUSINESS CENTRE, CTS NO.29/BUND GARDEN ROAD, BEHIND SHANGRILA GARDEN.
PUNE-411001
...........Appellant(s)
Versus 
1. ARCHANA PARAG RAJE & ANR.
ROHINI, B-006, APNA GHAR, UNIT NO.5, SWAMI SAMARTH NAGAR, ANDHERI WEST.
MUMBAI-400053
2. MR. PARAG RAMESH RAJE.
ROHINI, B-006, APNA GHAR, UNIT NO.5, SWAMI SAMARTH NAGAR, ANDHERI WEST.
MUMBAI-400053
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Appellant :MR. PAWAN KUMAR RAY
For the Respondent :
Mr. Rajeev Mishra, Advocate

Dated : 02 Aug 2018
ORDER

Arguments on the present Appeal have been heard.

          Present Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”), filed by the Opposite Party in the Complaint is to the order dated 23.03.2017, passed by the Maharshtra State Consumer Disputes Redressal Commission, Circuit Bench at Pune (for short “the State Commission”) in Consumer Complaint No.16/778.  By the impugned order, the Appellant’s right to file the Written Version has been closed on account of

 

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its not being able to file the same within the stipulated period of 45 days from the date of service of notice.     

          It is submitted by the learned Counsel for the Appellant that it was beyond the control of the Appellant to file the Written Version.  Learned Counsel for the Respondents submitted that he has no objection if the impugned order be set aside and one last opportunity is given to the Appellant for filing the vakalatnama and the Written Version subject to heavy costs.

          In view of no objection and for the reasons disclosed in the present Appeal and in the interest of justice, the impugned order is set aside.  One last opportunity is given to the Appellant to file the vakalatnama and the Written Version before the State Commission within three weeks from today subject to payment of costs of ₹50,000/- to the Respondents which shall be paid by way of Demand Draft, which shall be equally distributed amongst them.  The costs shall be paid within two weeks from today.

          The Appeal stands disposed of in the above terms.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

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