NCDRC

NCDRC

FA/537/2016

EDELWEISS HOUSING FINANCE LTD. - Complainant(s)

Versus

TRUPTI PARAG SHAH - Opp.Party(s)

MR. P.K. SETH

23 Nov 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 537 OF 2016
 
(Against the Order dated 29/09/2015 in Complaint No. 274/2015 of the State Commission Maharastra)
WITH
IA/4953/2016,IA/4954/2016
1. EDELWEISS HOUSING FINANCE LTD.
REGISTERED OFFICE, EDELWEISS HOUSE, OFF C.S.T. ROAD, KALINA,
MUMBAI-400098
...........Appellant(s)
Versus 
1. TRUPTI PARAG SHAH
R/O. FLAT NO. 201, 2ND FLOOR, A WING RAVJI PREMJI C.H.S.L., BORIVALI (W)
MUMBAI-400092
MAHARASHTRA
...........Respondent(s)
FIRST APPEAL NO. 538 OF 2016
 
(Against the Order dated 29/09/2015 in Complaint No. 275/2015 of the State Commission Maharastra)
WITH
IA/4953/2016,IA/4954/2016
1. EDELWEISS HOUSING FINANCE LTD.
REGISTERED OFFICE, EDELWEISS HOUSE, OFF C.S.T. ROAD, KALINA,
MUMBAI-400098
MAHARASHTRA
...........Appellant(s)
Versus 
1. PARAG KIRTIKUMAR SHHA
R/O. FLAT NO. 201, 2ND FLOOR, A WING, RAVJI PREMJI C.H.S.L., NR. MOKSH MALL, S.V. ROAD,
BORIVALI (W)
MUMBAI-400092
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :MR. P.K. SETH
For the Respondent :

Dated : 23 Nov 2016
ORDER

IA 4954/2016 (c/delay)

 

               In the absence of any resistance to the Application, the delay in filing of these Appeals is condoned.

FA Nos.537-538 of 2016

               These two First Appeals, under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”), by the Opposite Party in the Complaints No.CC/15/274 and CC/15/275, are directed against the             two orders both dated 03.06.2015 passed by the State Consumer Disputes Redressal Commission, Maharashtra at Mumbai (for short “the State Commission”) in the said Complaints.  By the impugned orders, the State Commission has directed ex parte proceedings against the Appellant on the ground that despite proper service of notice, it remained unrepresented when the Complaints were taken up for

 

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consideration.  Applications filed by the Appellant for recall of orders dated 03.06.2015 have also been dismissed by the State Commission, on the ground that it has no power to review its own order.

               As per office report, the Respondents/Complainants have been duly served with the notice in these Appeals.  However, no one has put in appearance on their behalf despite the fact that the cases have been called out for hearing the second time, after a pass over.

               Having heard Mr. Seth, learned Counsel appearing for the Appellant and perused the documents on record, we are of the opinion that the Appellant has made out a sufficient cause for its non-appearance before the State Commission on 03.06.2015.  Further, as noted above, the Complainants have chosen not to contest the Appeals. 

               Consequently, the Appeals are allowed; the impugned orders are set aside with a direction that the Appellant shall be permitted to participate in the proceedings in the Complaints to the extent it is permissible in law.  Insofar as the question of filing of the Written Versions by the Appellant is concerned, it will be open to the Appellant to make prayer in this behalf before the State Commission, which shall be considered in accordance with law. 

               Both the Appeals stand disposed of in the above terms with           no order as to costs.

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               The Appellant/its Counsel shall appear before the State Commission on the date fixed by it.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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