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Judgment
6 paragraphs · 250 wordsIA/7514/2016
Delay in filing the Appeal is condoned. The application is disposed of. FIRST APPEAL
This Appeal by a Real Estate Developer, the Opposite Party in the Complaint, is directed against the order dated 9.6.2016, passed by the State Consumer Disputes Redressal Commission, Maharashtra at Mumbai (for short "the State Commission?), in Complaint Case No.CC/16/95. By the impugned order, the State Commission has declined to grant further time beyond the stipulated period of 45 days, in filing the written version. The State Commission has recorded that admittedly, notice in the Complaint was served on the Appellant on 8.3.2016, which fact was acknowledged by the Counsel appearing for the Appellant.
Upon notice, the Complainant is present in person. He states that in order to avoid further delay in disposal of the Complaint, he has no objection if one more opportunity is granted to the Appellant to file its written version, provided he is adequately compensated for the delay already caused in the disposal of the Complaint.
In view of the above, we allow the Appeal on consent; set aside the impugned order and direct that if the Appellant files its written version within two weeks from today, the same shall be taken on record, subject to the Appellant paying to the Complainant a sum of 50,000/-, as costs. The said amount shall be paid to the Complainant on the next date of hearing before the State Commission.
The Appeal stands disposed of in the above terms.