Despite service no one has put in appearance on behalf of the Respondents/Complainants.  Accordingly, we have heard learned Counsel appearing for the Appellant.

Challenge in this Appeal by Janta Land Promoters Ltd., a Real Estate Developer, is to the order dated 28.02.2017, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short “the State Commission”) in Consumer Complaint No. 416 of 2016.  By the impugned order, the State Commission has closed the right of the Appellant to file its Written Version as the same was not filed within the statutory period of 45 days.  

Having heard learned Counsel for the Appellant and in view of the fact that the Complainants have chosen not to contest this Appeal as also bearing in mind the ratio of the decision of the Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. and Anr. V. M/s Mampee Timbers and Hardwares Pvt. Ltd. and Anr. (Civil Appeal No. nil of 2017 - D.No. 2365 of 2017), we are of the view that the Appellant has made out a case for grant of an opportunity to file its Written Version.

Resultantly, the Appeal is allowed and the impugned order is set aside, with a direction that if the Written Version on behalf of the Appellant is filed within four weeks from today, the same shall be taken into consideration, subject to the Appellant paying to the Complainants a sum of ₹12,000/- as costs for delay in the disposal of the Complaint.  The said amount shall be in addition to the travel and allied expenses, which have already been directed to be paid.  The said amount shall be paid before the State Commission on the next date of hearing.

The Appeal stands disposed of in the above terms.