BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION : AT HYDERABAD.

FA.No.339/2008 against CC.No.463/2007 District Consumer Forum-I, Visakhapatnam.

Between:

Ghatty Subramanyam,

S/o.Venkata Atchuta Rama Krishna,

Hindu, Aged 48 years, Occ: Employee,

R/o.D.No.50-105-2/6,

Balaji Hills, Balayya Sastry Lay Out,

Visakhapatnam.

…Appellant/Opp.Party.

And

Pathi Venkata Devi Prakash,

S/o.P.Ananda Rao, Aged 31 years,

Hindu, Occ: Not known,

Rep by his father and power of Attorney Holder

Pathi Ananda Rao,

S/o.Late Sanjeeva Rao, Aged 61 years,

r/o.New Colony, Srikakulam.

…Respondent/Complainant.

Counsel for the Appellant           :  Mr. A.Srinath.

Counsel for the Respondent       :  Mr.V.Gourisankara Rao.

QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT,

SRI SYED ABDULLAH, HON’BLE MEMBER,

AND

SRI R.LAKSHMI NARASIMHA RAO, HON’BLE MEMBER.

THURSDAY, THE TWENTY FOURTH DAY OF JUNE

TWO THOUSAND TEN.

Oral Order (Per Hon’ble Sri Justice D.Appa Rao, President)

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1.         The opposite party preferred this appeal against the order of the District Consumer Forum-I Visakhapatnam directing it to pay Rs.12,00,000/- together with interest and costs. 

2.         The case of the complainant in brief is that the appellant is a builder, who constructed a complex and sold away flat No.38 along with an undivided and unspecified share of 22.65 square yards for a consideration of Rs.3.00 lakhs.  Later the building was demolished, as the appellant did not take permission from the Municipal Corporation.  Consequently, he suffered loss and claimed a compensation of Rs.12.00 lakhs together with compensation and costs.

3.         The opposite party/the appellant herein did not choose to contest the matter before the District Forum and therefore, an exparte order was passed. 

4.         Now the appellant alleges that he was not having notice of the complaint.  In fact it was received by his employee, who did not inform, and therefore, requested the matter be remanded to the District Forum to enable him to file written version and contest the matter.

5.         Admittedly the appellant did not choose to contest the matter for whatever reason.  No doubt far reaching consequence ensued in view of his absence.  Now he undertakes to file written version and contest the matter.  In view of the circumstances, we are of the opinion that the appellant should be given an opportunity to contest lest he has to pay the amount.  However, in view of latches on payment of costs of Rs.1,000/-.  Costs paid. 

6.         In the result, the appeal is allowed and the order of the District Forum is set aside.  The matter is remanded to the District Forum for fresh adjudication and disposal of the same in accordance with law.  Both parties are directed to appear before the District Forum on 20.07.2010 without insisting on fresh notice.  The appellant/opposite party is directed to file his written version on the date fixed by the District Forum. 

PRESIDENT

MEMBER

MEMBER

Dt:24.06.2010

Furnish copy immediately

B/o. Vvr.