ORAL  ORDER

Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

    Heard.  Admitted and heard forthwith with the consent of both the parties.

     In the instant case the issue as to the proper service on the Appellants is raised.  Once the Respondent No.1 Society admits that the service effected on the Respondent No.2 – Mr.Amit Jalan, who was not a Director of the Appellant No.1 Company, then, a service of the notice on him cannot be held as proper service on the Appellant Company.  Thus, per se, the  builder is not given an opportunity to contest the case on merit and it resulted into miscarriage of the justice.   Therefore, We find it proper to allow the appeal and remand the matter as against Respondent No.1 – Saket Co.Op. Hsg. Society Ltd., the original Complainant for de novo trial and settlement of the dispute according to law.  We hold accordingly and pass the following order:

O  R  D  E  R

    (i)               Appeal is allowed as against Respondent No.1 – Saket Co.op. Hsg. Society Ltd.  Impugned order is set aside only against Respondent No.1 – Saket Co.op.Hsg. Society Ltd.

 (ii)               Both parties to bear their own costs.

(iii)               Consumer Complaint No.203/2010 is remitted back to the Forum as against Respondent No.1 – Saket Co.op. Hsg. Society Ltd. and the Appellants (who are original Opponent Nos.1 and 2).

(iv)               Both parties shall appear before the Forum on 17/01/2013.  Thereupon, if an application for filing a written version is made by the Appellants/original Opponent Nos.1 and 2,  it shall be considered on its own merit and thereafter following the procedure as per provisions of Section 13(4) of the Consumer Protection Act, 1986, the dispute be settled accordingly.

 (v)               At this stage it is submitted on behalf of the Respondent/original Complainant Society that they want to move an application to add one of the late Directors of the Appellant/original Opponent no.1.  If such application is made that also shall be considered on its own merit by the Forum.

(vi)               In the given circumstances, both parties to bear their own costs.

(vii)               Appeal stands disposed of accordingly.

Pronounced on 6^th December, 2012.