Chandigarh

StateCommission

A/127/2016

M/s Jukaso Resorts - Complainant(s)

Versus

Gurminder Kaur - Opp.Party(s)

Sh. Vinay Kumar Mishra, Adv.

17 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Appeal No.	:	127 of 2016
Date of Institution	:	22.04.2016
Date of Decision	:	17.05.2016

 

 

M/s Jukaso Resorts Pvt. Ltd., through its Managing Director, Plot No.1, IDC Mehrauli Road, Gurgaon – 122001.

ALSO AT:-

50, Sunder Nagari, New Delhi – 110003.

……Appellant.

Versus

Smt. Gurminder Kaur W/o Shri Naveen Kumar R/o H.No.118, Sector 46-A, Chandigarh.

….Respondent.

 

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Viney Mishra, Advocate for the applicant/appellant.

Sh. Vishal Kumar, Advocate for the respondent.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

                   Service is complete.

2.         Sh. Vishal Kumar, Advocate has put in appearance on behalf of the respondent/complainant, by putting on record his Power of Attorney, which is taken on record.

3.                Alongwith the appeal, an application for condonation of delay of 65 days as per the applicant/appellant (as per the office report 40 days), in filing the appeal, has been filed.

4.         Heard on the application aforesaid.

5.         For the reasons stated in the application, which is supported by a duly sworn affidavit and finding sufficient cause, the delay aforesaid is condoned.

6.         The application is disposed of accordingly.

7.         This appeal has been filed against order dated 12.01.2016 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’), vide which the complaint filed by the respondent/complainant was allowed against the appellant/Opposite Parties.

8.         It is apparent on record that when none appeared on the date fixed, exparte proceedings were ordered against the appellant. Exparte evidence was led by the respondent/complainant and order under challenge was passed.

9.         When after hearing arguments, we were going to allow this appeal, a very wise decision was taken by the Counsel for the respondent/complainant stating that let the matter be heard on merits, however, subject to payment of cost by the appellant.

10.        We appreciate the stand taken by the Counsel for the respondent/complainant. 

11.        In view of above, the appeal is allowed. The order under challenge is set aside. The matter is remitted to the Forum to decide it a-fresh.

12.        Parties are directed to appear before the Forum concerned on 07.06.2016.

13.        Counsel for the appellant undertakes to file reply and evidence on or before the date fixed i.e. 07.06.2016, failing which, this appeal shall be deemed to have been dismissed and the order under challenge dated 12.01.2016 shall  attain finality. The Forum shall not grant any further opportunity to the appellant for the said purpose.

14.        Order passed is subject to payment of Rs.25,000/- as cost. The said amount shall be paid by the appellant to the respondent/complainant/ her Counsel before the Forum on the date fixed.

15.        As per office report, an amount of Rs.25,000/-, has been deposited by the appellant at the time of filing the appeal. Office is directed to refund the said amount alongwith interest, if any, accrued thereon, to the appellant i.e. M/s Jukaso Resorts Pvt. Ltd., within seven working days.

16.        Certified copies of this order be sent to the parties, free of charge.

17.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

18.        File be consigned to the Record Room after completion.

Pronounced

May 17, 2016.

 

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/Rb