National Consumer Disputes Redressal
M/S. Mapleton Flat Owners Welfare ... vs M/S. Appaswamy Real Estates Ltd. on 4 August, 2023
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 763 OF 2023 (Against the Order dated 26/06/2023 in Complaint No. CC/73/2018 of the State Commission Tamil Nadu) 1. M/S. MAPLETON FLAT OWNERS WELFARE ASSOCIATION, REP. BY ITS SECRETARY MR. RAMASAMY BRAKASPATHY NO. 45, VELACHERY MAIN ROAD PALLIKARANAI, CHENNAI- 600 100 ...........Appellant(s) Versus 1. M/S. APPASWAMY REAL ESTATES LTD. NO. 3, MANGESH STREET, T. NAGAR, CHENNAI- 600 017 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,MEMBER FOR THE APPELLANT : MR. S. NANDAKUMAR, ADVOCATE MS. DEEPIKA NANDAKUMAR, ADVOCATE Dated : 04 August 2023 ORDER Heard counsel for the appellant.
Above appeal has been filed against the order of the Tamil Nadu State Consumer Disputes Redressal Commission dated 26.06.2023 whereby CC/73/2018 has been dismissed in default.
Counsel for the appellant has filed the copy of previous orders i.e. order dated 19.01.2023.
12) The Appellant Complainant submits that the Counsel for the Appellant has appeared in all hearings of the present matter before the Hon'ble Tamil Nadu State Consumer Disputes Redressal Commission and the matter was heard at length and admitted by the Hon'ble State Commission on merits. Notices were issued in the said matter and pleadings were completed over course of hearings and the matter was marked as ready for final hearing. Thereafter, the matter was kept posted in the caption of 'Cases for Adjournment for the following dates: 13.06.2019, 08.08.2019, 15.10.2019. 17.02.2020, 15.10.2020, 29.01.2021, 12.08.2021, 18.11.2021, 07.04.2022, 11.07.2022, 21.09.2022, 22.11.2022, 19.01.2023, 12.04.2023, 14.06.2023. When the matter came up before the Hon'ble State Commission for all the above mentioned hearing dates under the category of 'Cases For Adjournment' (which means the matter was not posted in the Physical list for hearing) the matter got automatically adjourned by the Hon'ble State Commission without the matter being called in the open court. True Copy of the Cause List dated 19.01.2023 of the Hon'ble State Consumer Disputes Redressal Commission is annexed hereto and marked as 'Annexure-A5'. The true copy of the cause list dated 12.04.2023 of the Hon'ble State Consumer Disputes Redressal Commission is annexed hereto and marked as 'Annexure-A6'.
13) The Appellant Complainant submits that when the matter came up before the Hon'ble State Commission lastly on 12.04.2023 under the caption of Cases for Adjournment', the matter was simply adjourned to 14.06.2023 as not in the list for hearing, vide Annexure-A5. But the matter was taken up for hearing on 14.06.2023 and under what circumstances it was taken up for hearing though being in the 'Adjourned List' no one knows as no one entered appearance from both side parties and upon hearing on 14.06.2023, the Hon'ble Commission passed the order as under:-
"No rep for both For appearance of both parties & for arg adj to 26.6.23 (in list) or for dismissal"
True Copy of the Cause List dated 14.06.2023 of the Hon'ble State Consumer Disputes Redressal Commission is annexed hereto and marked as 'Annexure- A7.
Counsel for the complainant states that a perusal of the impugned order shows that on 26.06.2023, nobody appeared on behalf of the complainant. It has been stated that a junior Advocate was assigned to watch over the cases but he had missed the case therefore, when the case was called but nobody could appear before the Commission. He undertakes that if one opportunity be given then the complainant will argue the case on merits who is otherwise ready for argument. In view of the fact that the complaint was dismissed in default, we allow this appeal and set aside the order dated 26.06.2023 dismissing CC/73/2018 in default. CC/73/2018 is restored to its original number. The appellant shall appear before the State Commission on 21.08.2023 along with certified copy of this order. On that date, the State Commission shall fix a date for hearing and decide it after giving an opportunity to both the parties. The appellant shall pay a cost of Rs.10,000/- to the opposite party before the State Commission within one month.
.........................J A. P. SAHI PRESIDENT ..................................................J RAM SURAT RAM MAURYA MEMBER