Tribunals and CommissionsDivision Bench(2019) 12 NCDRC CK 0006

M/S. Shree Vardhman Developers Pvt. Ltd. & 2 Ors vs Rajeev Dahiya & Anr

National Consumer Disputes Redressal Commission · Decided on 4 December 2019

HON’BLE JUDGES
Dr. S.M. Kantikar, Presiding Member · Dinesh Singh, Member
CASE NUMBER
First Appeal No. 52 Of 2016

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Judgment

15 paragraphs · 355 words
1.

Heard learned counsel for both sides.

2.

Perused the record, including inter alia specifically the impugned Order dated 04.07.2019 of the State Commission.

3.

The said Order dated 04.07.2019 reads as below:

On 22.11.2018 a direction was issued to OP to file written statement within 30 days.

Counsel appearing for OP today prays for further time for the purpose.

30 days having been lapsed, no further time can be allowed. Right of the OP to file written statement stands closed.

Complainant is directed to file evidence alongwith written arguments within 04 weeks.

Re-list on 18.11.2019.

4.

The State Commission vide its impugned Order dated 04.07.2019 has closed the right of the Opposite Parties to file written version.

5.

In the interest of justice, and for holistic and comprehensive adjudication of the case on merit in the forum of original jurisdiction, the impugned Order dated 04.07.2019 of the State Commission is set aside. The Appellants - Opposite Parties are allowed one (more) opportunity to file their written version before the State Commission within 30 days from today, subject to suitable/just terms/cost of Rs. 50,000/- to be paid by the Appellants - Opposite Parties to the Respondent No. 1 - Complainant No. 1 directly in his name by way of 'payee's a/c only' demand draft within the same period of 30 days from today.

6.

The Appellants - Opposite Parties are sternly advised to conduct their case professionally before the State Commission.

7.

All parties are directed to appear before the State Commission on 06.12.2019, the next date fixed before the State Commission.

8.

The State Commission is requested to take the written version of the Opposite Parties on record, if duly filed within the period stipulated above, subject to the above-mentioned cost being duly paid within the period stipulated above, to give opportunity to the Complainants to file their rejoinder thereto, and to proceed further with the adjudication of the case in the normal wont as per the law.

9.

The Registry is directed to send a copy of this Order to the State Commission within three days.

'Dasti', in addition, to facilitate timely compliance.