Delhi

StateCommission

A/394/2015

M/S BHASIN INFOTECH & INFRASTRUCTURE PVT. LTD. - Complainant(s)

Versus

MRS. VINAY SINGH - Opp.Party(s)

12 Feb 2016

ORDER

IN THE STATE COMMISSION

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 12.02.2016

 

First Appeal – 394/2015

 

        In the Matter of:

 

                M/s Bhasin Infotech and Infrastructure Pvt. Ltd.

          618, 6^th Floor, Le-Meridian Commercial Tower

          Raisina Road,

          New Delhi-110001

……Appellant     Versus   Mrs. Vinay Singh W/o Mr. Pankaj Kumar H. No. C-6/6094, Vasant Kunj, New Delhi-110070                                                                           …….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

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

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

1.             A challenge in this appeal is made to an ex-parte judgment dated 17.07.2015 passed by the Consumer Disputes Redressal Forum- M-Block, Vikas Bhawan, New Delhi (in short, ‘the District Forum’) whereby the consumer Complaint 260/15 has been allowed.

2.             The relevant facts for the disposal of present appeal are that the respondent herein i.e. complainant before the District Forum has booked a shop with appellant/OP bearing no. 113, First Floor for purpose of showroom food court, restaurant, ATM, commercial space in Grand Venice situated at Plot No. SH3 Site IV Industrial Area, Surajpur, Greater Noida, U.P. on 14.02.2009. It is alleged that respondent/complainant in all had paid Rs. 19,63,850/- on different dates to appellant/OP. The respondent/complainant has alleged that there is a delay in the completion of project of appellant/OP. It is alleged that appellant/OP is also not ready to provide any completion certificate for running business in the Mall which is a mandatory requirement as such respondent/complainant had filed a consumer complaint before the Ld. District Forum and had requested for the refund of her money along with compensation and interest.

3.             Perusal of order sheets on record show that appellant/OP was proceeded ex-parte before the Ld. District Forum on 25.05.2015. Therefore, Ld. District Forum had taken ex-parte evidence of respondent/complainant by way of affidavit and passed the impugned judgment holding deficiency in service on the part of appellant/OP and directed it to pay as under to respondent/complainant:

                “We, therefore, hold OP guilty of indulging in unfair trade practice for arbitrary change in the location of the booked unit and direct it to refund Rs. 13,58,857/- at 12% interest from deposit till payment. We also award Rs. 50,000/- as compensation for immense harassment, aggravation, misery caused to innocent consumer who had deposited her hard earned money with OP builder”.

4.             Aggrieved with the aforesaid ex-parte judgment present appeal is filed. Ld. counsel for appellant/OP has contended that the appellant/OP was never served before the District Forum and the impugned judgment has been passed without giving opportunity of hearing to the appellant/OP.

5.             We have also requisitioned the file of District Forum.

6.             After some arguments, the respondent/complainant states that for the effective disposal of the case on merits, she has no objection if the impugned judgment is set aside and appellant/OP be given chance to contest the case on merits. However, respondent/complainant submits that delay has been caused in the matter as such she be compensated with costs and further prays that direction  be given to the Ld. District Forum for expeditious disposal of case.

7.             Accordingly, with the consent of respondent/complainant, we allow the appeal and set aside the impugned ex-parte judgment, subject to payment of costs of Rs. 10,000/- to the respondent/complainant. Parties are directed to appear before the Ld. District Forum on 15.03.2016. On the said date the appellant/OP shall pay the costs to the respondent/complainant and shall also file its written version and thereafter the District Forum shall proceed further in the matter in accordance with law.

8.             It is hoped that the Ld. District Forum shall make all endeavour to dispose of the matter expeditiously, preferably within 4 months from the date of receipt of the order.

                 A copy of the order be sent to the parties as well as to District Forum along with complete record of the case file.

                File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member