Delhi

StateCommission

RP/129/2016

M/S OMAXE LTD. - Complainant(s)

Versus

BHAGAVATHY G. - Opp.Party(s)

MUKTI BODH

17 Oct 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision :17.10.2016

 

Revision Petition No. 129/2016

(Arising out of the order dated 17.5.16 passed in Complaint Case No.129/2015 passed by the District Consumer Dispute Redressal Forum-X, Qutab Institutional Area,  New Delhi.)

 

In the matter of

M/s. Omaxe Ltd.

Omaxe House, 7,

Local Shopping Centre

Kalkaji, New Delhi.

 

……Appellant

 

 

Versus

 

 

Nhagavathy G.

D/o Sh. R. Ganapathy Iyer

R/o Flat No. 45, 1^st Floor, Happy Homes

Omaxe City, bahadurgarh

Haryana-124507.

…Respondents

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

 

1.         Whether reporters of local newspaper be allowed to see the            judgment?

2.         To be referred to the reporter or not?

 

 

 

Justice Veena Birbal, President

1.             By way of this petition challenge is made to order dated 17.5.16 whereby the opportunity to the petitioner herein i.e. OP before the District Forum, to file written statement has been closed.
2.             Ld. Counsel for the Petitioner/OP has submitted that respondent/complainant had also filed a complaint case No. 129/15 before the Ld. District Forum wherein notice was issued to the petitioner/OP for 4.6.15. It is stated that on the said date the Counsel for petitioner/OP had appeared and obtained copy of the complaint with documents. It is further stated that the matter was adjourned to 16.10.15 and further adjourned to 4.2.16 and then to 17.5.16 for filing written version.  However, on 17.5.16 the same was not taken on record as it was beyond the period of 45 days.
3.             Respondent is served. Her son, Sh. Saurabh has filed letter of authority in his favour and states that he has no objection if the prayer made in the petition be allowed and the appellant/OP be allowed to file written statement subject to payment of costs.
4.             In view of no objection is given on behalf of the respondent/complainant, we allow this petition and set aside the order dated 17.5.16 and give an opportunity to petitioner/OP for filing its written statement within three days from today subject to payment of costs of Rs.5,000/- to the respondent/complainant.
5.             The next date before the District Forum is stated to be 19.10.2016.
6.             On the said date, the petitioner/OP shall appear before the District Forum and shall pay the costs of Rs.5,000/- to the respondent/complainant. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
7.             The revision petition stands allowed.
8.             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum-X, Qutub Institutional Area, New Delhi.

            File be consigned to Record Room.

 

 (Justice Veena Birbal)

President

                                                              

 

(Salma Noor)

Member