State Consumer Disputes Redressal Commission
M-Tech Developers Ltd. & Anr. vs Jagriti Pahwa on 20 January, 2016
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision :20.01.2016 First Appeal No. 973/2014 (Arising out of the order dated 4.9.14 passed in Complaint Case No.361/11 passed by the District Consumer Dispute Redressal Forum(North-West), Shalimar Bagh, Delhi.) In the matter of M-tech Developers Ltd. having offices at ANS, House 144/2, Ashram Mathura Road New Delhi ......Appellant Versus Jagriti Pahwa W/o Karan Pahwa 71/42, West Punjabi Bagh New Delhi-110 026 ...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 appeal challenge is made to impugned judgment dated 4.9.14 by which the Ld. District Forum has directed the appellant herein i.e. OP to pay to the respondent/complainant as under:-
Pay to the complainant a sum of Rs.4,00,000/- alongwith interest @10% p.a. from the date of filing of this complaint i.e. 18.3.2011 till payment.
Pay to the complainant a sum of Rs.50,000/- as compensation for pain and agony suffered by her.
Pay to the complainant a sum of R.5,000/- as cost of litigation.
A consumer complaint i.e. CC No.361/11 was filed by the respondent/complainant before the Ld. District Forum against the appellant/OP alleging therein that he booked a flat with the appellant/OP and had deposit an amount of Rs.4,00,000/- and thereafter the project was unnecessarily delayed and the respondent/complainant had surrendered the booking. However, after surrender, the amount not refunded to him despite repeated requests. Thereupon the respondent/complainant had filed the aforesaid complaint praying therein for refund of Rs.4 lacs being deposited by the respondent/complainant with the OP for booking of the flat alongwith interest @18% and also Rs.One lakh as compensation for the mental agony, harassment and tension caused to the respondent/complainant. The request was also made for payment of Rs.25,000/- towards the litigation expenses.
Ld. Counsel for the appellant/OP submits that appellant/OP was never served before the District Forum. It had come to know about the ex-parte judgment when a show cause notice for execution case No.181/14 for appearance on 1.9.14 was received by the appellant. It is stated that thereafter necessary steps were taken for getting certified copy of impugned order and thereupon the present appeal is filed.
Ld. Counsel for the appellant/OP has submitted that the impugned judgment has been passed in violation of principles of natural justice as the appellant/OP has not been heard in the matter. It is further stated that the respondent/complainant has conceal the material fact also before the Ld. District Forum as during the pendency of the complaint case, the respondent/OP had received Rs.4,00,000/- from the appellant/OP through Nodal Officer appointed by the High Court of Delhi as per the directions of the High Court of Delhi and the said payment was made by way of banker's cheque No.234057 dated 12.12.11. It is, therefore, prayed that the ex-parte order be set aside and the appellant be given opportunity to contest the case before the District Forum so that the true facts are placed before the Ld. District Forum.
After some arguments Counsel for the Respondent/complainant states that he has no objection if the impugned judgment is set aside and appellant/OP be allowed to contest the case before the District Forum.
Considering the reasoning given for non appearance as well as stand of the appellant/OP on merits and also no objection having been given by the respondent/complainant, the present appeal is accepted and impugned judgment is set aside.
Let parties appears before the District Forum on 25.3.2016.
The District Forum shall proceed further in the matter in accordance with the law.
FDR, if any, be release in favour of appellant as per rule.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum.
File be consigned to Record Room (Justice Veena Birbal) President