Delhi

StateCommission

RP/117/2016

M/S OMAXE LTD. - Complainant(s)

Versus

MADAN LAL BANSAL & ANR. - Opp.Party(s)

HARISH K. GARG

25 Oct 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :25.10.2016

 

Revision Petition No. 117/2016

(Arising out of the order dated 13.4.16 passed in Complaint Case No.555/2014 passed by the District Consumer Dispute Redressal Forum-X, Qutab Institutional Area,  New Delhi.)

 

In the matter of

M/s. Omaxe Ltd.

7, Local Shopping Centre

Kalkaji, New Delhi.

 

……Appellant

 

 

Versus

 

 

1. Madan Lal Bansal

2.Jagdish Bansal

Both Resident at:

A-2/98, Sector – 3

Rohini, Delhi - 85

…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 13.4.16 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 petitioner/OP had appeared before the Ld. District Forum on 23.12.1.5 when copy of the complaint was given to him and, thereafter, the case was adjourned for 13.4.16 for filing written statement. On 13.4.16 petitioner/OP appeared before the Ld. District Forum and written statement was filed but the same was not taken on record on the ground that the same was to be filed within 45 days of receiving the complaint.  It is submitted the Forum itself had given the date 13.4.16 for filing written statement. In these circumstances petitioner/OP be not allowed to suffer for lapse on the part of the Ld. District Forum.
3.             After some arguments Counsel for respondents/complainants states that he has no objection if the order dated 13.4.16 is set aside and the petitioner/OP be  allowed to file written statement.
4.             In view of no objection given on behalf of the respondents/complainants, we allow this petition and set aside the order dated 23.4.16 and give an opportunity to petitioner/OP for filing its written statement.
5.             The next date before the District Forum is stated to be 27.10.2016.
6.             On the said date, the petitioner/OP shall appear before the District Forum and shall file its written statement and the District Forum shall take the same on record. 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