M/S. BMB DEVELOPERS PRIVATE LTD. vs PRADEEP KRISHAN NAYYAR

By this Appeal, a Real Estate Developer, the sole Opposite Party in the Complaint, calls in question the correctness of the order dated 16.09.2016, passed by the State Consumer Disputes Redressal Commission, Delhi at New Delhi (for short "the State Commission") in Complaint Case No. C-16/15. By the impugned order, the State Commission, relying on the decision of the Hon''ble Supreme Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (Civil Appeals No.10941-10942 of 2013), has declined to grant further time to the Appellant, beyond the stipulated period of 45 days in filing its Written Version.

Upon notice, the Respondent/Complainant is represented through his Counsel. Learned Counsel appearing for him submits that in order to avoid further delay in the disposal of the Complaint on merits, he has instructions to state that the Complainant will have no objection if some reasonable time is granted to the Appellant to file its Written Version, subject to his adequately compensating the Complainant for the delay already caused.

In view of the submission, we allow the Appeal and set aside the impugned order, with a direction that if the Appellant files its Written Version on or before the next date of hearing fixed before the State Commission, the same shall be taken into consideration, subject to the Appellant paying to the Complainant a sum of 25,000/- as costs before the State Commission.

Since the Complaint was filed in the year 2015, we request the State Commission to try to dispose it of as expeditiously as practicable, keeping in view the fact that the Complainant is stated to be a senior citizen.

The Appeal stands disposed of in the above terms.