This appeal by the opposite party, namely, M/s Universal Buildwell Private Limited, is directed against ex-parte order dated 08.10.2013 passed by the State Consumer Disputes Redressal Commission, Haryana (for short “The State Commission”) in complaint no.17/2013. By the impugned order, while allowing the complaint filed by respondent no.1 herein, the State Commission has directed the Appellant to restore booking/allotment of 2BHK Apartment No.104 on 16th floor in Tower G on the Complainant’s paying to the Appellant the balance price of the flat as per Buyers Agreement. Upon notice, appearance has been entered on behalf of all the respondents. Accordingly, we have heard learned counsel for the parties. -3- The main ground, on which the order is sought to be challenged, is that it is violative of the principles of natural justice inasmuch as the petitioner was not served with any notice in the complaint. According to the petitioner company, they learnt about the order only on 13.11.2013, when the Complainant sent an e-mail. In support of the contention that no notice was ever served on the petitioner and that the State Commission had failed to follow the procedure laid down for service of notice under the Consumer Protection Act, 1986 (for short “The Act”), learned counsel appearing for them has referred us to a report dated 09.01.2014, received by the Appellant from the Secretary of the State Commission with regard to the mode of service of notice in the complaint. By the said communication, the secretary has informed the Appellant that as per their office record notice was sent through ordinary post. It is thus contended that the Appellant has been deprived of their valuable right of being heard before any order was made against them. Therefore, in the light of the service report of the State Commission, the impugned order deserves to be set aside on the short
-4- ground that there was clear breach of mandate of Section 28 A of the Act attracting violation of the rule of audi altreram partem. Section 28 A of the Act lays down the procedure as to how notice on the Opposite party is to be served. Sub-Section (2) of the Section stipulates that service of notice on the Opposite Party against whom the complaint is made has to be by delivering or transmitting a copy of the notice by registered post acknowledgement due. Admittedly, the notice in the present case was issued to the Appellant against dispatch no.851 dated 18.04.2013 by ordinary post. Consequently, the appeal is allowed; the impugned order is set aside and the matter is remitted back to the State Commission for fresh adjudication, after giving an opportunity to the Appellant to put forth their case. The parties are directed to appear before the State Commission on 20.05.2014 for further proceedings. Since the impugned order has been set aside on a technical ground, we would request the State Commission to expedite the disposal of the complaint. We also direct that subject to any further orders by the State -5- Commission, interim order passed by this Commission on 15.01.2014 shall continue to be in force till the disposal of the complaint. | 
