Delhi

StateCommission

RP/165/2016

M/S ANSAL HOUSING & CONSTRUCTION LTD. & ANR. - Complainant(s)

Versus

SMT. ISHWER DEVI CHHABRA - Opp.Party(s)

MEGHA KARNWAL

19 Aug 2016

ORDER

IN THE STATE COMMISSION: DELHI

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

 

Date of Decision: 19.08.2016

 

Revision Petition – 165/2016

 

        In the Matter of:

 

                1. Chairman and Managing Director

          M/s Ansal Housing & Construction Ltd.

          15, UGF, Indraprakash Building,

          21, Barakhamba Road, New Delhi

 

          2. Shri Ganesh Kukreti,

          S/o Late Sh. P.L. Kukreti,

          Asst. General Manager

 

……Petitioners     Versus   Mrs. Ishwar Devi Chhabra R/o 1184/1, 1st Floor, Arjun Nagar, Kotla Mubarakpur, New Delhi-110003                                                                                 …….Respondent

CORAM

Justice Veena Birbal, President

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

        In this revision petition prayer is made for setting aside order dated 17.08.2016 passed by the Consumer Disputes Redressal Forum, M-Block, Vikas Bhawan, New Delhi in complaint case No. 848/15 by which the defence of the appellant has been stuck of.

        It is stated that written statement was ready on 19.04.2016 but the same was not taken on record by the Ld. District Forum by mentioning that the statutory period for filing the same has already lapsed.

        It is stated that there was a delay of only 3-4 days in filing the written statement.

Ld. counsel for the petitioner further submits that in Civil Appeal No. 1083-1084/16 titled Bhasin Infotech and Infrastructure Pvt. Ltd. Vs. M/s Grand Venezia Buyers Association (Reg.) wherein the Hon’ble Supreme Court vide order dated 11.03.2016 has permitted the appellant/OP therein to file its reply, subject to payment of costs, on the condition that respondent/complainant was ready and willing to take the proceedings forward. It is further submitted that vide aforesaid order, the judgment of Supreme Court in NIA Vs. Hilli Multipurpose Cold Storage [2014 AIOL 4615], has also been referred to five judge Bench.

        AR of the respondent who is her husband has filed letter of authority. He further states that he has no objection if the petitioner/OP be given chance to file written statement, subject to payment of costs.

        With the consent of the respondent/complainant, we accept the petition and set aside the impugned order and permitted the petitioner/OP to file written statement, subject to payment of costs of Rs. 10,000/- to the respondent/complainant.

        The parties shall appear before the Ld. District Forum on 26.08.2016.

        On the said date petitioner/OP shall pay costs of Rs. 10,000/- to the respondent/complainant and shall also file its written statement and shall also supply copy to the respondent/complainant.

        Revision petition stands disposed of.

        File be consigned to record room.  

 

(Justice Veena Birbal)

President

 

 

Rakeeba