STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., 

1. Sterling Holiday Resorts (India) Ltd., SCO 186-187, Sector 8, Chandigarh.

2. Sterling Holiday Resorts (India) Ltd., 163, TTK Road, Alwarpet, Cheenai-600018

…… Revision-Petitioners/Opposite Parties

V E R S U S

Ms. Neelakshi Chopra, w/o Sh. P.K. Chopra, H.No.92, Sector 11-A, Chandigarh.

....Respondent/complainant

BEFORE:  JUSTICE SHAM SUNDER (RETD.), PRESIDENT.

Argued by:     PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

2.          The facts of the Consumer Complaint, bearing No.99 of 2014, are that, the complainant purchased a Holiday Time Share, from the Opposite Parties, on the assurance that

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9.               . He further submitted that the absence of the Opposite Parties/Revision-Petitioners, on 01.04.2014, in the District Forum, was neither intentional, nor deliberate, but for the reasons aforesaid.   

10.           On the other hand, the Counsel for the respondent/complainant, submitted thatthe absence of the Revision-Petitioners/Opposite Parties, on01.04.2014,despite deemed service, in the District Forum, was intentional and deliberate.

11.       the application filed before the District Forum, for setting aside the exparte proceedings order dated 01.04.2014, was also dismissed by it, on the ground, that it (District Forum), was not vested with the power to review/recall its own order, in view of the principle of law, laid down, in

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15.           According to Section 13 (3A) of the Act, every complaint is required to be decided, within three months, from the date of service of the Opposite Party, except the one, in which the goods are required to be sent to the Laboratory, for examination. In that event, the complaint is required to be decided, within a period of 5 months, from the date of service of the Opposite Party(s). 

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18.             The District Forum record, alongwith a certified copy of the order, be sent back, to it, immediately, so as to reach there, well before the date and time fixed i.e.

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Pronounced

July 21, 2014

Sd/-

 [JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

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 (DEV RAJ)

MEMBER

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 (PADMA PANDEY)

Rg