Haryana

StateCommission

RP/11/2017

ANSAL HOUSING AND CONSTRUCTION - Complainant(s)

Versus

MOHD.SHAKIR - Opp.Party(s)

MUNISH MITTAL

29 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   11 of 2017

                                                Date of Institution:       06.02.2017

                                                Date of Decision:         29.03.2017

  

Ansal Housing & Construction Ltd. 15, UGF, Indra Parakash, 21, Barakhamba Road, New Delhi-110001, through its Managing Director.

Petitioner-Opposite Party

Versus

 

Mohd. Shakir son of Mr. Shokat Ali, resident of House No.E-107A, Dharam Colony Palam Vihar, Gurgaon.

Respondent-Complainant

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. Balbir Singh, Judicial Member.

 

Present :    Mr. Munish Mittal, counsel for the petitioner.

                   Mr. Himanshu Rao, counsel for the respondent.

 

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          By filing the present revision petition, Ansal Housing & Construction Limited-opposite party has challenged the order dated January 04^th, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’) whereby its defence was struck off for non-filing of written version on the ground that the petitioner did not give it’s version of the case within a period of forty five days. 

2.      Learned counsel for the petitioner has urged that impugned order be set-aside and petitioner be granted opportunity to file written version and contest the case on merits. The next date of hearing before the District Forum is April 04^th, 2017 for recording evidence of the complainant.

3.      In Reliance General Insurance Company Limited and another versus M/s Mampee Timbers and Hardware Private Limited and another, D.No.2365 of 2017 decided on February 10^th,2017, Hon’ble Supreme Court has held as under:-

            “We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter”.

 

4.      In this view of the matter, this revision petition is allowed and the impugned order is set-aside. Consequently, the petitioner is accorded opportunity to file written version on the date fixed before the District Forum.

5.      Copy of this order be sent to the District Forum.

 

Announced: 29.03.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.