M/S. N.M.P Developers, Nirmal Nagar Co -Op. Hsg. Society Ltd vs Nitin Tukaram Gavankar

THIS revision petition has been filed by the petitioner against the order dated 09.05.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, ''the State Commission '') in Complaint Case No. CC/12/268 - Nitin Tukaram Vs. M/s. NMP Developers & Ors. by which, written statement was closed.

COMPLAINANTS /respondents filed complaint before State Commission for direction to the OP to execute agreement for sale of the area along with compensation. OP appeared before State Commission on 25.4.2013 and the matter was adjourned for filing written statement subject to cost of Rs.2,000/ -. On 9.5.2013, neither cost was paid nor written statement was filed and in such circumstances, by impugned order State Commission proceeded without written statement and case was adjourned for evidence of complainant to 30.7.2013 against which, this revision petition has been filed. None appeared for the respondent even after service and respondent was proceeded ex -parte.

HEARD learned Counsel for the petitioner and perused record.

LEARNED Counsel for the petitioner submitted that on account of negligence of petitioner ''s clerk, written statement was not filed on 9.5.2013, though, it was ready and further submitted that payment of Rs.2,000/ - as cost has already been made to the respondent by Demand Draft dated 26.9.2013 and on 30.7.2013 complainant sought adjournment for filing evidence. In such circumstances, revision petition be allowed and his written statement may be taken on record. Perusal of record reveals that complaint was admitted on 11.2.2013 and on the same day OP ''s Counsel put in appearance and matter was adjourned for filing written statement on 25.4.2013. On 25.4.2013, matter was adjourned for filing written statement subject to cost of Rs.2,000/ - to 9.5.2013. On 9.5.2013, neither cost was paid nor written statement was filed and learned State Commission proceeded without written statement. Learned Counsel for the petitioner has filed affidavit of Mr. Sameer Sudhakar Rane in which he has stated that he was employee of OP but due to misunderstanding between himself and the OP, he did not intimate date of the case to the OP rather gave wrong information to the OP about the proceedings of the case. He has also filed photo copy of written statement dated 9.5.2013 along with affidavit of partner of OP which makes it clear that written statement was ready on 9.5.2013, but due to wrong information of the clerk of OP it could not be filed before State Commission on 9.5.2013. Perusal of record further reveals that cost of Rs.2,000/ - has been accepted by complainant after the impugned order. Learned Counsel for the petitioner further apprised that in pursuance to directions of this Commission dated 23.10.2013 payment of Rs.7,000/ - has been made to the respondent even then he has not appeared and not contested the matter.

IN the light of aforesaid circumstances, it appears that written statement was ready with the Respondent, but due to mistake of clerk it could not be filed before State Commission and later on respondent accepted cost of Rs.2,000/ - awarded by State Commission and also to and fro expenses of Rs.7,000/ - given by this Commission and respondent also sought adjournment on 30.7.2013 for filing evidence. In such circumstances, it would be appropriate to allow petitioner to file written statement so that the matter may be decided on merits which will also be in the interest of complainant/respondent.

CONSEQUENTLY , revision petition filed by the petitioner is allowed and impugned order dated 09.05.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai in Complaint Case No. CC/12/268 - Nitin Tukaram Vs. M/s. NMP Developers & Ors. is set aside and petitioner is permitted to file written statement subject to payment of Rs.5,000/ - as cost to respondent and learned State Commission is directed to proceed further as per law after taking written statement on record if it is filed on or before 8.9.2014. Parties are directed to appear before the Learned State Commission, Maharashtra on 8.9.2014.