Oral

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.81 of 2023

AIR WILL Infra Ltd. vs. Shaam Pawda

Date 15.10.2024

ORDER

(Delivered by Mr. Justice Ashok Kumar, President)

The instant appeal is filed against the ex-parte order passed the ld. District Consumer Commission, Gautam Budh Nagar in complaint no.137 of 2019 dated 15.2.2020. The appeal has been filed with delay of about 4 years.

The submission of the ld. counsel for the appellant Sri Piyush Mani Tripathi is that the appellant has not received any information with regard to the aforesaid complaint.

Per contra, Sri A.K. Zaidi, ld. counsel for the respondent/complainant has placed reliance on the order sheets prepared by the ld. District Consumer Commission dated 8.8.2019 and 16.9.2019. Sri A.K. Zaidi has heavily relied upon the aforesaid orders passed by the ld. District Consumer Commission.

After perusal of the aforesaid orders, in my opinion, the presence of the opposite party/appellant before the ld. District Consumer Commission is not clearly mentioned in the order sheet.

Without going into the aforesaid issue, since admittedly the complaint has been decided ex-parte, in the interest of justice opportunity of hearing requires by the ld. District Consumer Commission, therefore, the instant appeal is finally disposed of by setting aside the ex-parte order dated 15.2.2020  passed by the ld. District Consumer Commission in complaint no.137 of 2019.

          The aforesaid complaint is restored to its original number with request to the ld. District Consumer Commission to provide opportunity of hearing to the  respective parties and further provide time in accordance with law for placing/filing written statement/evidence for which this court deem it appropriate the period of 3 months from the date of production of the certified copy by either of the parties which respective parties will file along with misc. application on or before 31.10.2024.

If any amount is deposited by the appellant at the time of filing of this appeal, may be returned to the appellant as per rules alongwith accrued interest upto date.

          Certified copy of this order be made available to the parties as per rules.

          The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                                     (Justice Ashok Kumar)                                            

                                                President                                    

Jafri, PA I

Court 1