National Consumer Disputes Redressal
Anita Yadav vs M/S. M - Tech Developers Pvt. Ltd. on 31 October, 2017
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 1482 OF 2017 (Against the Order dated 17/05/2017 in Complaint No. 13/2015 of the State Commission Delhi) 1. PRASHANT YADAV S/O. SHRI ML.L. YADAV, R/O. H NO. 777, VILL. & POST CHAKKARPUR, GURGAON, HARYANA ...........Appellant(s) Versus 1. M/S. M - TECH DEVELOPERS PVT. LTD. ANS HOUSE NO. 144/2, ASHRAM, MATHURA ROAD, NEW DELHI-110014 ...........Respondent(s) FIRST APPEAL NO. 1483 OF 2017 (Against the Order dated 17/05/2017 in Complaint No. 14/2015 of the State Commission Delhi) WITH
IA/10301/2017(Condonation of delay) 1. ANITA YADAV S/O. SHRI M.L. YADAV, R/O. H NO. 777, VILL. & POST CHAKKARPUR, GURGAON, HARYANA ...........Appellant(s) Versus 1. M/S. M - TECH DEVELOPERS PVT. LTD. ANS HOUSE NO. 144/2,ASHRAM, MATHURA ROAD, NEW DELHI-110014 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER
For the Appellant : Mr. Mahendra P. Singh, Advocate For the Respondent : Mr. Rajeev Kumar, Advocate
Dated : 31 Oct 2017 ORDER
ORDER (ORAL)
Challenge in these two Appeals, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), by the -2- Complainants is to a common order dated 17.05.2017, passed by the Delhi State Consumer Disputes Redressal Commission, at New Delhi (for short "the State Commission") in Consumer Complaints No.13 and 14 of 2015. By the impugned order, the State Commission has dismissed the Complaints, filed by the Appellants, in default, inter alia, observing that the Complaints had been pending since 16.04.2016 for filing of Rejoinder and Complainants' evidence but no steps had been taken by them in that behalf.
Upon notice, the Respondent/Opposite Party is represented through Counsel.
We have heard learned Counsel for the parties and perused the documents on record, including the explanation furnished on behalf of the Appellants for their non-appearance before the State Commission and for not filing the Rejoinder and Evidence.
Regard being had to the nature of the Complaints and the relief claimed by the Appellants, we are of the view that the Appellants have made out a case for grant of an opportunity to have their say on the merits of their case Complaints before the State Commission.
Consequently, both the Appeals are allowed; the impugned order is set aside and the Complaints are restored to the Board of the State Commission for adjudication on merits.
-3-The Appellants are permitted to file their Rejoinder and Evidence by way of Affidavit within four weeks from the date of receipt of a copy of this order. The Opposite Party shall file its evidence by way of Affidavit within six weeks thereafter.
Parties/their Counsel are directed to appear before the State Commission on 07.12.2017 for further proceedings in accordance with law.
Both the Appeals stand disposed of in the above terms, with no order as to costs.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER