I.A. No. 6512/2014

          Heard.

          For the reasons mentioned in the application, delay of two days in filing the revision petition is condoned, subject to depositing Rs. 5000/-, as costs with the Consumer Legal Aid account of this Commission.

REVISION PETITION NO. 3379/2014

          Though the petitioner has challenged the order of the State Commission on several grounds, vide order dated 22.09.2014, notice

was issued by us limited to the question as to whether the respondent is a consumer within the meaning of Section 2(1)(d) of Consumer Protection Act, 1986 or not.  Hence the scope of the petition is confined to the above referred question.

          After some arguments, it has been agreed between the parties that the matter may be remitted back to the District Forum for a fresh decision, after giving an opportunity to the complainant to explain the circumstances in and the reasons for which she and her husband had booked two separate flats in the same project of the petitioner company and the petitioner may be given an opportunity to rebut the circumstances and/or the reasons so pleaded by the complainant.

          Accordingly, with the consent of the parties, we set aside the orders of the State Commission and the District Forum with liberty to the complainant to file additional affidavit, explaining the circumstances in and the reasons for which she and her husband had booked two separate flats with the petitioner company.  The petitioner company shall also be entitled to file an affidavit rebutting the circumstances and/or reasons, so explained by the complainant.  The District Forum shall pass a fresh order, after considering the aforesaid circumstances and/or reasons as well as the response to the said circumstances/reasons filed by the petitioner company.  A fresh order in terms of this direction shall be passed by the District Forum within three months of the parties appearing before it.  The parties are directed to appear before the concerned District Forum at 11.00 am on 03.12.2014.  The affidavit in terms of this direction shall be filed by the complainant by that date.  The affidavit in rebuttal can be filed by the petitioner company within four weeks thereafter. The revision petition stands disposed of in terms of this consent order.