Md Fareed vs Wadi -E -Yaman

THIS revision petition has been filed by the petitioner against the order dated 24.04.2009 in First Appeal no. 1592 of 2006 M/s Wadi E Yaman vs M/s Mohd Fareed by which the appeal was partly allowed and the order of the District Forum was modified.

THE brief facts of the case are that the complainant petitioner paid Rs.27,000/ - as instalments to the opposite party/ respondents for purchase of a plot. It was further alleged that instead of executing the sale deed, the opposite party offered to refund the amount without assigning any reason. Alleging deficiency on the part of the opposite party, complainant filed a complaint before the District Forum. The opposite party did not appear before the District Forum and they were proceeded ex parte. District Forum after hearing the complainant allowed the complaint and directed the opposite party to register the plot no. 1102 in the name of the complainant and further directed to pay Rs.5,000/ - as compensation and Rs.1,000/ - as cost of litigation.

THE opposite party filed an appeal before the State Commission and the State Commission vide impugned order partly allowed the appeal and modified order of the District Forum and directed the opposite party to pay Rs.50,000/ - as compensation and Rs.2,000/ - as cost, against which this revision petition has been filed. None appeared for the respondents even after service of notice and they were proceeded ex parte.

HEARD learned counsel for the petitioner and perused records.

LEARNED counsel for the petitioner submitted that the State Commission instead of allowing appeal, committed mistake by modifying the order of the District Forum without any document on record and should have set aside the impugned order and remanded the matter back to the District Forum. Hence, revision petition be allowed and impugned order be set aside.

ADMITTEDLY , respondents did not appear before the District Forum and it appears that the title of complaint as shown in the complaint showing complaint before the State Commission, the opposite party could not appear before the District Forum and they were proceeded ex parte. In the memo of appeal filed before the State Commission, the opposite party has taken this ground for non -appearance, which is apparently a reasonable ground for non -appearance before the District Forum. In such circumstances, the State Commission instead of modifying the order of the District Forum should have set aside the order of District Forum and should have remanded the case back to the District Forum.

IN the memo of appeal before the State Commission, the opposite party submitted that 80% of the allottees have realised that failure of the project was for bona fide reasons and the amount has been returned to them. It appears that only on the basis of this ground the State Commission has allowed the appeal partly and modified the order of the District Forum. No document has been filed by the opposite party in support of his contention that failure of the project was bona fide, hence, money was returned to 80% of the allottees. In the absence of any documentary evidence, the impugned order is liable to set aside and it would be appropriate to give the opposite party an opportunity to file their written statement along with necessary documents in support of their contention before the District Forum.

CONSEQUENTLY , the revision petition filed by the petitioner is allowed and order dated 24.04.2009 passed by the State Commission in First Appeal no. 1592 of 2009 of M/s Wadi E Yaman and Anr., vs M/s Mohd Fareed and the order of the District Forum dated 15.06.2006 passed in complaint no. 301 of 2006 Mohd Fareed vs M/s Wadi E Yaman and Anr., is set aside and the matter is remanded back to the District Forum to decide the complaint in accordance with the law after taking written statement of the opposite party. Opposite party is directed to appear before the District Forum on 6th May 2015 and the opposite party is further directed to file their written statement on that date. The District Forum shall proceeded after giving notice to the complainant.