NCDRC

NCDRC

FA/528/2022

M/S. RAHEJA DEVELOPERS LIMITED & 4 ORS. - Complainant(s)

Versus

RAJEEV KUMAR BHARADWAJ & ANR. - Opp.Party(s)

MR. SIDDHARTH BANTHIA

28 Oct 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 528 OF 2022
 
(Against the Order dated 05/07/2022 in Complaint No. 175/2020 of the State Commission Delhi)
1. M/S. RAHEJA DEVELOPERS LIMITED & 4 ORS.
THROUGH ITS AUTHORISED REPRESENTATIVE, NAVEEN M RAHEJA (MANAGING DIRECTOR), W4D, 204/5, KESHAV KUNJ, CARRIPPA MARG, SAINIK FAR S
NEW DELHI-10062
2. NAVEEN M RAHEJA
MANAGING DIRECTOR, W 4-D, 204/5, KESHAV KUNJ, CARIPPA MARG, SAINIK FARMS, NEW DELHI-110062
3. SANGITA KUMAR
M/S RAHEJA DEVELOPERS, MANAGING DIRECTOR, W 4-D, 204/5, KESHAV KUNJ, CARIPPA MARG, SAINIK FARMS, NEW DELHI-110062
4. SANJANA RANA
DIRECTOR, M/S RAHEJA DEVELOPERS, W 4-D, 204/5, KESHAV KUNJ, CARIPPA MARG, SAINIK FARMS, NEW DELHI-110062
5. AJAY KUMAR MOHANTY
M/ RAHEJA DEVELOPERS, W 4-D, 204/5, KESHAV KUNJ, CARIPPA MARG, SAINIK FARMS, NEW DELHI-110062
...........Appellant(s)
Versus 
1. RAJEEV KUMAR BHARADWAJ & ANR.
HOUS ENO. 6-64-A, 2ND FLOOR, MALVIYA NAGAR,
NEW DELHI-110017
2. SHILPI BHARADWAJ
HOUSE NO. L-64-A,2ND FLOOR,MALVIYA NAGAR, NEW DELHI-110017
...........Respondent(s)

BEFORE: 
 HON'BLE MR. C. VISWANATH,PRESIDING MEMBER
 HON'BLE MR. SUBHASH CHANDRA,MEMBER

For the Appellant :
For the Respondent :

Dated : 28 Oct 2022
ORDER

Appeared at the time of arguments

For the Appellants                     : Mr. Siddharth Banthia, Advocate

 

For the Respondents                 : Mr. Rajeev Kumar Bharadwaj, in person

 

 

ORDER

Heard the learned counsel for the appellant and the respondent in person.

2.       Appeal has been filed against the Order passed by the State Commission in C-175/20 dated 05.07.2022, wherein it was recorded that on 02.09.2021, written statement on behalf of the OP had been filed beyond the stipulated period and therefore, it could not be taken on record.

3.       Learned counsel for the appellant stated that their right to file written statement was erroneously closed, vide order dated 05.07.2022, by the State Commission on the ground that the reply was not filed within the statutory period.

4.       Learned counsel for the appellant also brought to our notice order dated 24.09.2020 of the State Commission, wherein four weeks’ time was granted to the OP to file written statement. He contended that during covid-19 period, limitation was extended by Hon’ble Supreme Court, vide order dated 10.01.2022 in Suo Motu Writ Petition (C) No. 3 of 2020, as also vide Circular dated 14.01.2022 of this Commission.

5.       The Apex Court extended the period of limitation, vide Order dated 23.03.2020 passed in Suo Motu Writ Petition (C) No. 3 of 2020 and subsequent orders and during this period the State Commission closed the right of the OP to file written statement on the ground that there was delay. On 24.09.2020, four weeks’ time was given to the OP to file the reply to the consumer complaint. Reply was filed by the OP on 21.10.2020 and delay in filing the written statement was very well covered by orders of the Apex Court as mentioned above.

6.       The respondent appearing in person states that he has no objection, if the matter is remanded to the State Commission.

7.       In view of the above, order of the State Commission dated 05.07.2022 is set aside and the matter is remanded to the State Commission to examine the delay in filing the written statement in the light of orders of the Hon’ble Supreme Court mentioned supra and decide the case on merits.

          Parties to appear before the State Commission on 02.12.2022.

 
......................
C. VISWANATH
PRESIDING MEMBER
......................
SUBHASH CHANDRA
MEMBER

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