Haryana

StateCommission

A/869/2015

PARSVNATH DEVELOPERS - Complainant(s)

Versus

VIPIN KHATKAR - Opp.Party(s)

ASHWANI TALWAR

26 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :            869 of 2015

Date of Institution:           12.10.2015

Date of Decision :            26.08.2016

 

Parsvnath Developers Limited, A Company Incorporated under the Provisions of the Companies Act, 1956, having its Registered Office at Parsvnath Tower, Near Shahdara Metro Station, Shahdara, Delhi -110032 (Through its Authorized Signatory Mr. R.C. Gupta, General Manager (CRM).

                                      Appellant-Opposite Party No.1

Versus

 

Vipin Khatkar son of Sh. D.R. Khatkar, Resident of A-205, Parsvnath City, Sector 8, GT Road, Sonepat.

                                      Respondent-Complainant

 

 

CORAM:             Mr. B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.

                                                                                                         

Present:               Shri A.S. Khara, Advocate for appellant.

Shri D.R. Khatkar, Advocate for respondent.

 

                                                   O R D E R

 

B.M. Bedi, Judicial Member

 

The instant appeal has been preferred by Parsvnath Developers Limited – opposite party No.1 (builder) against the order dated August 19^th, 2015 passed by District Consumer Disputes Redressal Forum, Sonepat (for short District Forum) whereby complaint filed by Vipin Khatkar-complainant was accepted directing the builder to pay Rs.25,000/- as compensation towards harassment, litigation expenses etc.

2.      The complainant was allotted House No.A-205, Parsvnath City, Sonepat.  He paid all the charges to the builder.  The builder       failed to provide basic amenities/facilities to the complainant.  Hence, the complaint.   

3.      Notice of the complaint was issued to the builder.  The builder was proceeded ex parte by the District Forum vide order dated August 07^th, 2015 observing as under:-

          “Notice to respondents were sent through registered post.  The registered envelope containing the notice has not been received back.  It is already 3.45 P.M.  Further wait is not justified.  Accordingly, respondents are hereby proceeded against ex parte.

          Now case is adjourned to 19.08.2015 for ex parte evidence and ex parte arguments.”

 

4.      Perusal of record reveals that on August 07^th, 2015, the District Forum proceeded ex parte against the builder, as notice of the complaint not received back served or unserved and more than one month had passed.  Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the appellant.  Since the builder was proceeded ex parte before the District Forum and as such it could not contest the complaint on merits, it would be in the interest of justice to give an opportunity to the builder to contest the complaint on merits.  

5.      In view of above, the appeal is accepted and the impugned order is set aside subject to the cost of Rs.5000/- to be paid by the builder to the complainant before the District Forum. The builder is accorded opportunity to join the proceedings and parties shall be entitled to lead evidence etc.  The case is remitted to the District Forum. 

6.       The parties are directed to appear before the District Forum on September 05^th, 2016.

7.      Copy of this order be sent to the District Forum.

 

 

Announced: 26.08.2016

(Urvashi Agnihotri) Member

(B.M. Bedi) Judicial Member

 

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