IN THE STATE COMMISSION

(Constituted under section 9 of the Consumer Protection Act, 1986)

Date of Decision: 18.11.2014

First Appeal No. – 873/2014

1.  M/s Supertech Ltd.

     1114, Hemkunt Chambers,

     89, Nehru Place,

     New Delhi-110019.

2.  Mr. Navneet Teotia,

     Officer In Cgarge

     M/s Supertech Ltd.

     Supertech Green Village,

     Delhi Road, Meetut, U.P.                                                         ..…Appellant

VERSUS

1.  Bharat Bhushan Sharma

2.  Sh. Abhishek Sharma

     Both R/o

     K-117, Shastri Nagar,

     Meerut, U.P.                                                           ……..Respondent

CORAM

Justice Veena Birbal, President

Salma Noor - Member

N P Kaushik - Member (Judicial)

Salma Noor, Member

1)           In a complaint case bearing no. 183/2014 Sh. Bharat Bhushan Sharma Vs M/s Supertech Ltd., filed before District Forum-VI, Vikas Bhawan, I.P. Estate, New Delhi 03.04.2014 was fixed for appearance of the OP when the OP did not appear and the Forum ordered to proceed ex-parte against the OP.

2)        That is what brings the appellant/OP to appear before this Commission for setting aside the said ex-parte order.

3)        We have heard counsel for the appellant in this appeal at the admission stage as none has appeared for the respondents despite service of notice.

4)         The version given by the appellants/OPs for their non appearance on 03.04.2014 before the District Forum is that notice was not served upon them. Sh. Arvind Kumar, AR for the appellants has filed an affidavit in support of above version. There is no plausible reason to disbelieve or not to rely and act upon this version of the appellants. Besides, it has always been the consistent policy of the courts to allow a little latitude, so that the parties may contest the case on merits, and an effective order may be passed. In such circumstances, order dt. 03.04.2014 passed by the District Forum against the appellants/ OPs are set aside, subject to payment of costs of Rs. 5000/- which the OPs will pay to the complainant on the next date before the District Forum. The case is remanded back to the District Forum with the direction that it will allow the appellants/ OPs to file the WS and evidence and decide the case after hearing both the parties. The appellants are directed to appear through their counsel, before the District Forum-VI, Vikas Bhawan, I.P. Estate, New Delhi on the date fixed in this case.

5)             Copy of this order be sent to District Forum-VI, Vikas Bhawan, I.P. Estate, New Delhi for information and to keep it on record and compliance. File be consigned to record room.