IN THE STATE COMMISSION : DELHI

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

Date of Decision :05.01.2015

First Appeal No. 413/14.

(Setting aside the order dated 18.02.2014 passed in Complaint Case No.926/09 passed by the District Consumer Dispute Redressal Forum-VI (New Delhi) M-Block, Vikas Bhavan, New Delhi)

In the matter of

M/s. SOLID PROPERTIES

SURYA KIRAN BUILDING

19,  KASTURBA GANDHI MARG,

CONNAUGHT PLACE

NEW DELHI-110001

……Appellant

Versus

PAWAN BHARGAVA

MRS. VIJAY BHARGAVA

MRS. SHASHI BHARGAVA

All residing at

R/O 91, MEDHA APARTMENTS

MAYUR VIHAR PHASE 1

DELHI-110091

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. In the present appeal challenge has been made to the order dated 18.02.2014 passed by the Consumer Disputes Redressal Forum-VI (Distt. New Delhi), in short referred to as “the District Forum” whereby directions have been issued to the appellant i.e. OP before the District Forum to pay to the respondent 9% interest from the date of claim refund i.e. 10.02.08 till realization and Rs.10,000/- has been awarded as compensation/litigation charges.
2. The grievance of the appellant is that the appellant was not properly served before the District Forum due to which the appellant could not appear and put forth his defence by filing written version and also could not lead evidence.  It is stated that the District Forum wrongly proceeded ex-parte against the appellant vide order dated 11.2.2010.  The stand of the appellant is that appellant never received any notice due to which it could not appear before the District Forum.  It is further stated that a new bench was constituted in the District Forum and there upon a fresh notice was issued to the appellant company and thereupon the appellant had put in appearance and the District Forum directed the appellant to file written arguments and there upon written arguments were filed by the appellant.  It is further stated that none of the stand of the appellant taken in the written arguments has been considered in the impugned order.  It is further submitted that the place booked by the respondent was a commercial space and the provisions of the Consumer Protection Act were also not applicable in the present case.  It is further submitted that the principal amount has already been returned by the appellant to the respondent and they are not entitled to any interest as awarded by the District Forum.
3. Respondent No. 1 is present in person.  Sh. K.K. Bhargava authorize representative of respondent No. 2 & 3 is also present.
4. After some arguments, the respondents have stated that they have no objection, if the impugned order is set aside and the appellant be given a chance to contest the case before the District Forum.
5. We have also gone through the impugned order. It is admitted position that appellant was proceeded ex-parte before the District Forum and the impugned order is not based on merits of the case. The stand of appellant is that it has a good case and great prejudice shall be caused to the appellant in case the impugned order which is an ex-parte is not set aside. Considering the totality of facts & circumstances, we feel that for the effective disposal of the case on merits, the appellant be given the chance to contest case before the District Forum. Accordingly, we set aside the impugned order subject to payment of costs of Rs.10,000/- and remand back the case to the District Forum-VI (New Delhi) for deciding the same afresh after giving opportunity to both the parties.
6. The appeal stands disposed of accordingly.
7.  The parties shall appear before the District Forum on 12.1.2015.  On the said date the appellant will pay the costs of Rs.10,000/- to the respondent i.e. complainant before the District Forum and thereafter the District Forum shall given an opportunity to the appellant to file written version and thereafter proceed further in the matter in accordance with law.
8. FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
9. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.