OMAXE CHANDIGARH DEVELOPERS PRIVATE LIMITED vs ASHWANI KUMAR SHARMA

This appeal has been filed by the appellant against the order dated 1.6.2015 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, ''the State Commission'') in M.A. No. 452/2015 & 453/2015 in CC No. 44/2015 Ashwani Kumar Sharma Vs. Omaxe Chandigarh Developers Pvt. Ltd. by which, he was proceeded ex-parte.

Brief facts of the case are that complainant/respondent filed complaint before learned State Commission against OP/petitioner along with application for condonatin of delay of 463 days. Notice was issued to the OP, but as A/D was not received back, learned State commission proceeded ex-parte against OP on the basis of deemed service against which, this appeal has been filed.

Heard leaned Counsel for the parties finally at admission stage and perused record.

Learned Counsel for the appellant submitted that appellant did not receive notice from learned State Commission; hence, ex-parte proceedings drawn against him may be set aside and he may be permitted to file written statement. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, appeal be dismissed.

Perusal of impugned order reveals that notice by registered post was sent by learned State Commission to OP and as neither registered letter received back undelivered, nor A/D card was received back, presumption was drawn against OP to have been served and he was proceeded ex-parte. Appellant has specifically mentioned in memo of appeal that he was not served, so, could not appear before learned State Commission on 1.6.2015. It was further submitted that on 3.6.2015 Standing Counsel of appellant went to learned State Commission for obtaining certified copies in other cases and then he came to know about the impugned order in the case. There is no rebuttal to the fact that he has not received registered notice sent by registered post. No doubt, learned State Commission has not committed any error in proceeding ex-parte on the bases of deemed service, but when appellant has specifically denied receipt of notice, ex-parte proceedings drawn against him are to be set aside and he is to be given opportunity to file written statement and contest the matter particularly when complaint was barred by 463 days.

Consequently appeal filed by the appellant is allowed and order dated 1.6.2015 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, ''the State Commission'') in M.A. No. 452/2015 & 453/2015 in CC No. 44/2015 Ashwani Kumar Sharma Vs. Omaxe Chandigarh Developers Pvt. Ltd. to the extent of ex-parte proceedings is set aside and appellant is directed to file written statement within 30 days from today and learned State Commission is directed to proceed in accordance with law.

Parties are directed to appear before learned State Commission on the date already fixed.