National Consumer Disputes Redressal
M/S. M-Tech Developers Pvt. Ltd. vs Sanjiv Taneja & Anr. on 12 February, 2018
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 2349 OF 2017 (Against the Order dated 04/09/2017 in Complaint No. 434/2017 of the State Commission Delhi) 1. M/S. M-TECH DEVELOPERS PVT. LTD. ANS HOUSE 144/2
ASHRAM MATHURA ROAD
NEW DELHI 110014 ...........Appellant(s) Versus 1. SANJIV TANEJA & ANR. C-105 SHUSHANT LOCK-II,
SECTOR 56 GURUGRAM HARYANA 122011 2. MRS. SHALINI TANEJA W/O. MR. SANJIV TANEJA
C-105 SHUSHANT LOK-II,
SECTOR 56
GURUGRAM HARYANA 122011 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER
For the Appellant : Mr.Nilesh Kumar and Mr.Babloo, Advocates For the Respondent : Mr.Ajay Kr. Sharma, Advocate
Dated : 12 Feb 2018 ORDER
O R D E R (ORAL)
This Appeal, by a real estate developer, viz. M-Tech Developers Pvt. Ltd., the sole Opposite Party in the Complaint, is directed against the order dated 4.9.2017, passed by the Delhi State Consumer Disputes Redressal Commission at New Delhi (for short 'the State Commission') in Complaint No.C-434/17. By the impugned order, the State Commission has directed that the Appellant herein shall be proceeded against ex parte, as no one had put in appearance on its behalf when the case was taken up for consideration after waiting for some time.
At the outset, learned Counsel appearing for the Complainants submits that as per his instructions from Complainant No.1, who is present in person, in order to avoid further delay in the adjudication in the Complaint, the Complainants would not object to the order impugned in this Appeal being set aside and an opportunity granted to the Opposite Party to file its Written Version, provided the Complainants are adequately compensated for the delay already caused.
In view of the above, we allow the Appeal; set aside the impugned order and direct that if the Appellant files its Written Version before the next date of hearing, i.e. 6.3.2018, the same shall be taken into consideration and they will be permitted to participate in the proceedings in the Complaint subject to their paying to the Complainants a sum of ₹10,000/- as costs. The costs shall be paid before the next date of hearing before the State Commission.
Since we have permitted the Appellant to file its Written Version, it will be open to the Complainants to file additional evidence, if so advised.
The Appeal stands disposed of in the above terms with no order as to further costs.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER