Per Shri A.Z.Khwaja, Hon’ble Presiding Member.

1)         Petitioners M/s. Shree Balaji Real Estate has preferred the present revision petition challenging the order passed by the learned District Consumer Forum Bhandara in Consumer Complaint No.91/2017, dated 18/11/2018 where by the learned District Forum rejected the application filed by the present petitioner for setting aside no written statement order and proceeds without written statement .

2)        Short fact leading to the filing of the present revision petition may be narrated as under.

3)        The petitioners had purchased one land from one Pawan Kumar Kavi on 07/02/2015 and thereafter had developed the land situated at Mouza. Khokarli within the limit of Khokarli Gram Panchayat. Respondent/complainant then approached the petitioners and after verifying the same agreed to purchase the flat/apartment constructed by the petitioners. Petitioners thereafter also executed the sale deed. But the respondents/complainants were not satisfied and filed a false complaint under section 12 of the Consumer Protection Act, 1986 before the District Forum alleging deficiency in service against the present petitioners.

4)      Petitioners have taken a plea that after the filing of the complaint due notices were also issued by the learned District Consumer Forum, but the petitioners could not file a written statement within the stipulated period. Petitioners then moved an application on 28/11/2018 for grant of time to file written statement but this application came to be rejected by passing the order dated 28/11/2018, which has been challenged by way of present revision petition.

5)      We have heard the learned advocate for the petitioners as well as respondents. During the course of hearing, the learned advocate for the petitioners has also drawn our attention to the documents and papers as well as the copy of the application dated 28/11/2018. From the application filed by the present petitioners it is clear that after the impugned order came to be passed, on the next date i.e. of 18/11/2018 the present petitioners moved an application for setting aside the order. But this application also came to be rejected by passing speaking order by the learned District Consumer Forum on the ground that the District Forum had no powers to set aside its own orders.

6)        We have heard the advocates and also perused the impugned order and we are of the view that though the order came to be passed rejecting the application filed by the petitioners, the petitioners deserves to be granted opportunity to file written statement on record and to take part in the proceedings before the learned District Consumer Forum, after imposing suitable cost of Rs.3,000/- to be paid by petitioners to complainant. We are also finds that reasons given by the petitioners/opposite parties can not be termed as false or unsatisfactory, and so we pass the following order.

//ORDER//

1. Revision petition is hereby allowed with cost of Rs.3000/- to be paid by petitioners to complainant within one week.
2.     Impugned order dated 18/12/2018 passed by the learned District Forum Bhandara is hereby set aside and the petitioners/Opposite parties are permitted to file the written statement on record within 15 days from the receipt of copy of this order.
3.    The learned District Consumer Forum, Bhandara shall thereafter proceed afresh after giving due opportunities to both parties and to decide the complaint in accordance with law..