Date of decision: 19.09.2014

First Appeal No. 711/2014

M/s Puri Construction Pvt. Ltd.

4-7b, Ground Floor, Tolstoy House,

Tolstoy Marg, New Delhi-110001

Through its duly Authorized

Representative, Shri Ashok Singh

Rawat   

                                                                                    ……Appellant

VERSUS

Sh. Roshan Lal Marg,

S/o Sh. Nand Lal Garg,

B-270-A, Majlis Park,

Adarsh Nagar,

Delhi-110033.     

                                                                               …….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

N P Kaushik, Member (Judicial)

1. Whether reporters of local newspaper be allowed to see the judgment?

2. To be referred to the reporter or not?

SALMA NOOR, MEMBER

1)        In a complaint case bearing no. 803/13 M/s Puri Construction Pvt. Ltd. Vs Rohsan Lal Garg, filed before District Consumer Forum I.P. Estate, New Delhi on 20.11.2013 was fixed for filing WS by the OP/Appellant, but due to non-appearance, the Forum proceed ex-parte.

2)        That is what brings the Appellant/OP to appear before this Commission.

3)        We have heard Ms. Neha Tanu, proxy counsel for the appellant at the admission stage. At the time of hearing counsel for the respondent/complainant appeared (though the notice was not issued to the respondent) and participated in the hearing.

4)         The version of the appellant OP for his non appearance before the District Forum on 20.11.2013 is that the counsel appointed by appellant failed to reach to the Forum on time, that is the reason case was proceeded ex-parte against him. Counsel for the respondent has no objection if the impugned order is set aside accept for the cost. We therefore allow the appeal setting aside the ex-parte orders dated 20.11.2013 in question, subject to payment of costs of Rs. 5000/- which the OP will pay to the Complainant on the next date. The case is remanded back to the District Consumer Forum I.P. Estate, New Delhi with the direction that they will allow the Appellant/OP to file the WS and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Consumer Forum I.P. Estate, New Delhi on 20.01.2015.

5)      A copy of this order be sent to District Consumer Forum I.P. Estate, New Delhi for information and to keep it on record and compliance.

FA-711/14

19.08.2014

Present:   Ms. Neha Tanu, Proxy counsel for the Appellant.

       Along with the appeal, counsel for the appellant filed delay condonation application.

       We have heard Ms. Ms. Neha Tanu, Proxy counsel for the appellant on delay condonation application. For the reasons given the application, which find support from the accompanying affidavit, the delay condonation application is allowed.

Justice Veena Birbal)

President

(Salma Noor)

Member

(N P Kaushik)

Member (Judicial)

         Heard on admission. Admit. The appeal is decided through separate order at the admission stage itself.