Haryana

StateCommission

A/321/2017

M2M BUILDTECH PVT.LTD. - Complainant(s)

Versus

ASHOK NARWAL - Opp.Party(s)

AAKASH JUNEJA

19 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                 First Appeal No.321 of 2017

                                                                Date of Institution:20.03.2017

                                                                    Date of decision:19.03.2018

 

1.      M2M Buildtech Pvt. Ltd., through its Directors site office situated at Rohtak Delhi Road, Opp. 24X7 Petrol Pump, Village Kheri Sadh, Rohtak, Haryana.

 

2.      M/s M2M Buildtech Pvt. Ltd., through its Directors Corporate Office at # 345 Tower-B, Spaze Edge, Sector-47, Sohna Road, Gurgaon-122001.

…Appellants

                                      Versus

 

Ashok Narwal son of Sh. Sunhera Singh, R/o 123 L, Model Town, Rohtak, Hayana.                                                                                        

…Respondent

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

 

Present:     Mr.Akash Juneja, Advocate counsel for appellants.

                   Mr.S.C. Thathai, Advocate counsel for respondent.

 

                                                ORDER

 

Mr. R.K. Bishnoi, Judicial Member

 

1.      It was alleged by complainant that he booked residential plot with opposite party (in short ‘O.Ps’) in the month of November, 2012 and paid Rs.5,00,000/- at that time. It was promised that possession would be delivered within one year, but, till date O.Ps. did not allot any plot to him. So, they be directed to refund Rs.5,00,000/- alongwith interest and compensation as prayed for.

2.      As nobody appeared on behalf of O.P despite being represented by counsel on previous date, it was proceeded against ex-parte on 29.07.2016 by learned District Consumer Disputes Redressal Forum, Rohtak (in short ‘District Forum’) and ex-parte evidence was recorded. After hearing learned counsel for complainant learned District Forum allowed the complaint and directed as under:-

“opposite parties shall refund the amount of Rs.5,00,000/- (Rupees five lacs only) alongwith interest @ 9% p.a. from the date of deposit of alleged amount i.e. 15.11.2012 till its realization and shall also pay a sum of Rs.3500/- (Rupees three thousand five hundred only) as litigation expenses to the complainant maximum within one month from the date of decision failing which the award amount shall carry further interest @ 12% p.a. from the date of decision.”

3.      Feeling aggrieved therefrom, O.Ps have preferred this appeal with prayer to set aside ex-parte proceedings initiated against them on 29.07.2016 and afford a liberty to file reply and contest complaint on merits.

4.      Arguments heard. File perused.

5.      It is well settled proposition of law that a litigant should not suffer for any mistake or carelessness of the counsel. Reference to this effect can be given to opinion of Hon’ble Supreme Court expressed in AIR 1981 SC 1400 Rafik and Anr. Vs. Munshi Lal and Ors. It is also well settled proposition that every opportunity should be afforded to the parties to put forth its case. Even otherwise, complainant can be compensated by way of costs, if impugned order and ex-parte order are set-aside. Keeping in view of the facts and circumstances of the case order dated 29.07.2016 as well as impugned order dated 01.12.2016 are set aside subject to payment of Rs.5,000/- as of costs to the complainant failing to which appeal will be deemed as dismissed. If the cost is paid then, O.Ps be afforded an opportunity to file reply and lead evidence. Hence, appeal is allowed accordingly. Parties are directed to appear before concerned District Forum on 30.04.2018.

6.      Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

March, 19^th, 2018                 Urvashi Agnihotri                 R.K. Bishnoi

                                                Member                                  Judicial Member

                                                Addl. Bench                          Addl. Bench

R.K.