The Ld. Counsel for the complainant is present who has filed affidavit of service along with postal track report, fromwhere it is evident that in respect of OP 1 postal track report reveals that the ‘addressee moved’. The said service is not a good and proper service.

 Hence the complainant is directed to take necessary steps in respect of service of notice upon the Op 1. However, the postal track reports and affidavit of service reveal that the Op 2, 3, 4, 5, 6 and 7 have received the concerned notices.

It is pertinent to mention that the OP 1 is the developing company of the developers and the remaining OPs are the partners of the Op 1. As the remaining OPs have received the notices hence, the OPs got knowledge regarding this case. Therefore, it can be said that the notices upon the Op 1 to 7 are completed.

Track reports reveal that all the OPs have received the notices on 17.11.2021. But today the Ops do not turn up to contest the complaint either orally or by filing W/V. Since receipt of the notices by the OPs till date, as statutory period has already been over hence, the complaint will run exparte against all the OPs.

The order no. 1 reveals that at the time of filing this complaint the complainant filed one MA being no. 64/2021 praying for a restraining order against the OPs so that the OPs cannot alienate or transfer the concerned property to any third party.

On earlier date it was ordered that OPs shall not alienate or transfer the concerned flat of the complainants to any third party till this date.

Since 08.11.2021 till date as 45 days have already been elapsed and OPs did not take any step to contest the said MA filed by the complainant hence, the order passed in the MA has reached in its finality.

Hence, MA being no. 64/2021 is hereby allowed.

Fix 21.02.2022 for adducing evidence by the complainant.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by 

[HON'BLE MRS. Silpi Majumder]
PRESIDING MEMBER