Maharashtra

StateCommission

RP/13/116

M/s Gopi Resorts Pvt Ltd - Complainant(s)

Versus

Mrs Swati Prakash Dalvi - Opp.Party(s)

Rajesh Dumbre

19 Dec 2013

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/13/116
(Arisen out of Order Dated 31/08/2013 in Case No. 81/2012 of District Raigad)
 
1. M/s Gopi Resorts Pvt Ltd
Silvex House, Nana Master Nagar, Taluka Karjat(E),
Maharashtra
...........Appellant(s)
Versus
1. Mrs Swati Prakash Dalvi
101, Anant Niwas, Hanuman Mandir Road, Dattapada, Borivali (W) Mumbai 400066
Mumbai
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE R.C.Chavan PRESIDENT
 HON'ABLE MR. Dhanraj Khamatkar Member
 
PRESENT:
Mr.S.B.Bhatagunaki-Advocate for the revision petitioner
......for the Petitioner
 
Mr.M.A.Vajantri-Advocate for the respondent
......for the Respondent
ORDER

Per Hon’ble Mr.Dhanraj Khamatkar, Member

          This revision petition has been filed challenging order dated 31/08/2013 proceeding against the opponent without a written version.  The original complaint no.81 of 2012 was filed in the year 2012.  The complaint was adjourned from time to time. The complaint was admitted on 30/06/2012 and was adjourned for filing the written version by the opponents.  On 31/08/2013, complainant moved an application to proceed ex-parte against opponent and on the same day District Forum passed an ex-parte order against the opponent.  Aggrieved by the said order, opponent has filed this revision petition.

          Heard Mr.S.B.Bhatagunaki-Advocate for the revision petitioner and  Mr.M.A.Vajantri-Advocate for the respondent.

          Advocate for the complainant had opposed the revision petition on the ground that the revision petitioner remained absent from time to time and not filed the written version and, hence, the complaint was proceeded ex-parte.

          The Learned counsel for the revision petitioner stated that many employees of the opponent had left the job and, hence, written version could not be filed in time and prayed that in the interest of justice, the order passed by the forum be set aside and the opponent may please be allowed to file the written version.

          Consumer Protection Act, 1986 is a benevolent legislation and Fora are established for delivering speedy justice by following a summary enquiry.  The District Forum as per the object of the Act proceeded ex-parte. However, in the interest of justice, we find that the revision petitioner be given an opportunity to plead their case, however, subject to payment of costs of `20,000/- to the respondent /original complainant.   Hence the following order:-

                                                ORDER

Revision petition is allowed.

Revision petitioner is hereby directed to file their written version along with affidavit on the next date before the forum subject to payment of costs of `20,000/- to the respondent. On payment of costs only the District Forum may allow the revision petitioner to file written version and affidavit.

 

Pronounced on 19th December, 2013.

 

 
 
[HON'ABLE MR. JUSTICE R.C.Chavan]
PRESIDENT
 
[HON'ABLE MR. Dhanraj Khamatkar]
Member

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