SHREE SAINATH ENTERPRISES CONSTRUCTION & DEVELOPERS PVT. LTD. & 2 ORS Vs SAROJ RAJENDRAKUMAR GUPTA & ANR

This Appeal under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), by the Opposite Parties in the Complaint, namely, the Developer and its functionaries, is directed against the order dated 13.08.2015, passed by the State Consumer Disputes Redressal Commission, Maharashtra at Mumbai (for short "the State Commission") in Complaint No.15/338. By the impugned order, the State Commission has directed that the Opposite Parties No.1 and 2, Appellants No.1 and 2 herein, shall be proceeded against without their Written Versions, as the same had not been filed despite a last chance having been granted for the said purpose. By the same order, the State Commission has also directed ex parte proceedings against Opposite Party No.3, Appellant No.3 in this Appeal.

When the Appeals had come up for motion hearing on 12.05.2016, it was submitted by learned Counsel appearing for the Appellants that although, on the date when the impugned order was

passed, i.e. 13.08.2015, the extended statutory period of 45 days had not expired, yet the Written Version was not taken on record and therefore, the ratio of the decision of the Hon''ble Supreme Court in "New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited, AIR 2016 SC 86 " would not be attracted on the facts of the present case. Upon notice, both the Complainants are represented.

Learned Counsel appearing for the Complainants, while contesting the stand of the Appellants, submits that in order to avoid further delay in the adjudication of the Complaint, he has instructions to state that the Complainants do not have objection to the grant of one opportunity to the Appellants to file their respective Written Versions provided the Complainants are adequately compensated for the delay caused by the Appellants in the disposal of the Complaint.

In view of the above, the Appeal is allowed; the impugned order is set aside with a direction that if the Opposite Parties file their respective Written Versions within four weeks from today, the same shall be taken into consideration, subject to their paying to both the Complainants a further consolidated sum of 25,000/- as costs. The said amount shall be paid to the Complainants before the State Commission.

Travel and allied expenses of 15,000/- have since been paid to the Counsel for the Respondents in cash.

Parties/their Counsel are directed to appear before the State Commission on 04.10.2016 for further proceedings. With the consent of Counsel for the parties, the date already fixed by the State Commission is cancelled.

The Appeal stands disposed of in the above terms.