NCDRC

NCDRC

FA/47/2017

M/S. TDI INFRASTRUCTURE LTD. - Complainant(s)

Versus

RAMESH KAPOOR - Opp.Party(s)

M/S. SKV ASSOCIATES

16 Apr 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 47 OF 2017
 
(Against the Order dated 09/08/2016 in Complaint No. 907/2015 of the State Commission Delhi)
1. M/S. TDI INFRASTRUCTURE LTD.
9, KASTURBA GANDHI MARG,
NEW DELHI-110001
...........Appellant(s)
Versus 
1. RAMESH KAPOOR
S/O. LATE SUKHBIR KAPOOR, R/O. H 220, PLOT NO. 29, RMA AKRISHNA APARTMENTS, PATPARGANJ, I.P. EXTENSION,
DELHI-110092
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. DINESH SINGH,MEMBER

For the Appellant :
Ms. Kanika Agnihotri, Advocate
Ms. Sukriti Gandhi, Advocate
For the Respondent :
Mr. Ankit Rastogi, Advocate

Dated : 16 Apr 2019
ORDER

           Heard the learned counsels for the appellant – opposite party and the respondent – complainant and perused the material on record.

          This first appeal has been filed against an interim Order dated 09.08.2016 of the State Commission, which inter alia reads as below:

“OP has failed to file written statement within time permissible under the Act.  It appeared on 29.03.2016 and received copy of complaint.  Hence right of OP to file WS stands closed.”

   - - - -

“Complainant to file evidence by way of affidavit within four  weeks.” 

- - - -

 

The appeal has been filed with self-admitted delay of 147 days. 

We are of the considered view that, in the facts and specificities of the case, the dispute before the forum of original jurisdiction (State Commission), should, as far as (lawfully) feasible, be comprehensively and holistically examined on merit, with the affording of the due opportunity to all the parties involved, and should also be speedily disposed of. 

In the interest of justice, and for holistic and comprehensive adjudication of the case on merit in the forum of original jurisdiction:

(i) the delay of 147 days in filing this appeal is condoned, subject to payment of suitable / just cost of Rs. 10,000/- by the appellant – opposite party to the respondent - complainant within four weeks from today; and

(ii) the opposite party is allowed one (more) opportunity to file its written version before the State Commission within four weeks from today, subject to suitable / just cost of Rs. 20,000/- to be paid by the opposite party to the complainant within four weeks from today.

The opposite party is sternly advised to conduct its case professionally before the State Commission. 

Both parties are directed to appear before the State Commission on the date fixed by the State Commission i.e. 13.05.2019.

The State Commission is requested to adjudicate further the case on merit as per the law.

Let a copy of the Order be ‘dasti’ in addition.

           

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
DINESH SINGH
MEMBER

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