Delhi

StateCommission

A/411/2018

ASHISH MALHOTRA & ANR. - Complainant(s)

Versus

SUPERTECH TOWNSHIP PROJECT LTD. - Opp.Party(s)

PRADEEP MAHAJAN

22 Nov 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.411/2018

(Arising out of the order dated 02.04.2018 passed in Complaint Case No.277/2016 by the District Consumer Disputes Redressal Forum- X, QutubMinar, New Delhi)

 

 

AshishMalhotra&Anr                                                                    … Appellant

                  

Versus

 

Supertech Township Projects Limited                                     … Respondent

 

 

BEFORE:

Justice VeenaBirbal, President

For the Appellant:	Mr. PradeepMahajanalongwith Mr. A K Shaya, Counsel for Appellant.
For the Respondent:	Mr. Basant Kumar Dwivedi, Counsel for Respondent.

 

Dated: 22^nd November, 2018

 

ORDER

 

Justice VeenaBirbal, President

 

By way of this appeal prayer is made for recalling of order dated 02.04.2018 by which the Complaint Case No. 277/2016filed by the appellant/complainant before CDRF-Xhas been dismissed for non-appearance.

The aforesaid order reads as under:-

          02.04.2018.

 

          Present:      AdvManeeshShukla for OP.

                             None for complainant.

 

 

 

 

Complainant has not appeared for last many dates. He has not appeared since 31.01.2017. Hence complainant dismissed in default. File be consigned to Record Room.

 

Initially the respondent/OP opposed the prayer made in this appeal. However after some arguments he states that he has no objection if the prayer made in the appeal be allowed.

     I have gone through the reasoning given for non-appearance before District Forum on the date fixed. Keeping in mind the interest of justice and also considering that complainant has a legal right to pursue his complaint, the prayer made in the appeal is allowed subject to payment of costs of Rs.1,500/- to be deposited with the Consumer Welfare Fund(Legal Aid).

The appellant/complainant iswarned to be cautious in future.

Let parties appear before the District Forum on 15.01.2019. On the said date appellant/complainant shall produce the receipt of deposit before the Ld. District Forum,thereafter; Ld. District Forum shall proceed further in the matter in accordance with law.

         Copy of the order be sent to parties as well as to District Forum for necessary information.

         File be consigned to Record Room.