NCDRC

NCDRC

FA/872/2015

OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD. - Complainant(s)

Versus

RUPINDER SINGH KOHLI - Opp.Party(s)

MR. MANAN BATRA & MR. KUNAL GODHWANI

02 Nov 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 872 OF 2015
 
(Against the Order dated 16/04/2015 in Complaint No. 18/2015 of the State Commission Punjab)
1. OMACE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD.
...........Appellant(s)
Versus 
1. RUPINDER SINGH KOHLI
S/O SH. JASBIR SING KOHLI, R/O HOUSE NO.1627, SECTOR 69 MOHALI, CHANDIGARH
2. SH. JASBIR SINGH, S/O SH. RAJINDER SINGH KOHLI
R/O HOUSE NO.1627, SECTOR 69,
MOHALI
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI,PRESIDING MEMBER

For the Appellant :
Mr. Manan Batra, Advocate
For the Respondent :
Mr. Karan Dewan, advocate

Dated : 02 Nov 2016
ORDER

This appeal has been filed by the appellant against order dated 16.04.2015 passed by Learned State Commission in Complaint No. 18 of 2015 – Rupinder Singh Kohli Vs. Omaxe Chandigarh Extension Developers Pvt. Ltd., by which opposite party has been proceeded ex-parte, against which this appeal has been filed.

2.      Heard learned counsel for the parties and perused record.

3.      There is delay of 166 days in filing appeal on the ground that copy received was damaged due to heavy rains in the basement.  For the reasons mentioned in the application, application for condonation of delay is allowed subject to payment of cost of Rs.5,000/- to the respondents and delay stands condoned.

4.      Learned counsel for the appellant submitted that he was proceeded ex-parte on the basis of presumption so impugned order be set aside and he may be permitted to contest the matter before State Commission.  Learned counsel for the respondents has no objection in allowing appeal and submitted that appellant may be permitted to file reply latest by 2nd December, 2016, the date on which matter is being listed before State Commission.

5.      Consequently, appeal filed by the appellant is allowed and impugned order dated 16.04.2015 passed by Learned State Commission in Complaint No. 18 of 2015 – Rupinder Singh Kohli Vs. Omaxe Chandigarh Extension Developers Pvt. Ltd., is set aside and appellant is permitted to file written statement before State Commission on or before 02-12-2016 subject to payment of cost of Rs.5,000/- as observed above, on or before that date.

6.      Parties are directed to appear before State Commission on 02.12.2016.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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