Delhi

StateCommission

RP/130/2016

M/S OMAXE LTD. - Complainant(s)

Versus

J.S. CHOUDHARY & ANR. - Opp.Party(s)

MUKTI BODH

19 Aug 2016

ORDER

IN THE STATE COMMISSION: DELHI

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

 

Date of Decision: 19.08.2016

 

Revision Petition – 130/2016

 

        In the Matter of:

 

                M/s Omaxe Ltd.

          Omaxe House 7,

          Local Shopping Centre

          Kalkaji, New Delhi

 

……Petitioner     Versus   1. Sh. J.S. Choudhary 2. Ms. Jasvir Choudhary Both R/o 1539, 2nd Floor,  Sector-34-B, Chandigarh                                          …….Respondent

CORAM

Justice Veena Birbal, President

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

       

By the order dated 07.03.2016 passed by the Consumer Disputes Redressal Forum- X, Qutub Institutional Area, New Delhi in complaint case No. 352/15, the right of the petitioner/OP to file written statement has been closed.

Ld. counsel for the petitioner/OP submits that complete set of complaint was not served upon petitioner/OP due to which written statement could not be filed on 07.03.2016. Ld. counsel for the petitioner/OP submits that on the said date no appearance could be made by the counsel before the Ld. District Forum as the State Commission was closed on 07.03.2016 on account of Maha Shiv Ratri and the counsel for petitioner/OP was under the impression that the District Forum would also remain close on the said date.

It is stated that number of times requests were made by the counsel for the petitioner/OP to counsel for respondent/complainant for supplying complete set of the complaint along with annexures so that written statement could be filed. However, the respondent/complainant did not supply the same.

Ld. counsel for the petitioner further submits that in Civil Appeal No. 1083-1084/16 titled Bhasin Infotech and Infrastructure Pvt. Ltd. Vs. M/s Grand Venezia Buyers Association (Reg.) wherein the Hon’ble Supreme Court vide order dated 11.03.2016 has permitted the appellant/OP therein to file its reply, subject to costs and further subject to the condition that respondent/complainant was ready and willing to  take the proceedings forward.

Ld. counsel for the respondent/complainant is present. Ld. counsel admits that the complete set of complaint was not supplied. Ld. counsel undertakes to supply the same within 7 days from today to the petitioner/OP.

Ld. counsel for the respondent/complainant further submits that he has no objection if time be given to the petitioner/OP to file written statement, subject to payment of costs.

Let OP file written statement within 2 weeks on receipt of complete set of complaint before the Ld. District Forum, subject to payment of costs of Rs. 10,000/- to the respondent/complainant.

With the consent of the parties, the impugned order is set aside.

Revision petition stands disposed of as per directions given above.

 

(Justice Veena Birbal)

President