Per Mr.Dhanraj Khamatkar – Hon’ble Presiding Member:

1.          This appeal takes an exception to an order dated 13.05.2010 passed by the Additional District Consumer Disputes Redressal Forum, Pune (‘the District Forum’ in short) in Consumer Complaint No.APDF/501/2005 (PDF/292/2001).

2.          The facts leading to this appeal can be summarized as under:

The Appellant/original Complainant had entered into an agreement with the Respondent/original Opponent on 28.12.1992 for selling a basement no.2 in their construction admeasuring 250 sq.ft. for a consideration of `2,00,000/- and as the Opponents failed to handover the possession, the Appellant/original Complainant had filed a consumer complaint alleging deficiency in service on the part of the Respondent/Opponent.  Initially the complaint was filed before the Pune District Forum which was numbered as PDF/292/2001 and subsequently,  it was transferred to Additional Pune District Forum where it was numbered as APDF/501/2001.  The notice sent to the Appellant/original Complainant returned back with an endorsement “left”.  This was not proper service and hence, the Additional Pune District Forum dismissed the complaint.   Aggrieved by this order the original Complainant has filed this appeal.

3.     Heard Mr.Ashutosh Marathe, Advocate for the Appellant and Mr.Santosh Patil, Advocate for the Respondent No.2.  Respondent Nos.1 and 3 absent through duly served with public notice.  Heard both the parties present on the point of admission.   Admitted and heard forthwith with the consent of both the parties. 

4.          As the complaint is not decided on merit and it is simply dismissed, with consent of both the parties the order passed by the District Forum is required to be set aside and the complaint is remitted back to the District Forum for decision after giving opportunity to both the parties.  Hence, we pass the following order:

O  R  D  E  R

    (i)            Appeal is allowed.

 (ii)            The order passed by the District Forum in Complaint No. APDF/501/2005 (PDF/292/2001) is set aside and remitted back to the District Forum for decision after giving an opportunity to both the parties according to law.

(iii)            As the complaint is of the year 2001 the District Forum is directed to dispose of the complaint expeditiously.

(iv)            The parties are directed to appear before the District Forum on 15/07/2013.

 (v)            No order as to costs.

(vi)            Inform the parties accordingly.

Pronounced on 28^th June, 2013.