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Balaji Residency Welfare Society Vs. Sri Balaji Constructions, Rep. by Its Managing Partner and Another - Court Judgment

SooperKanoon Citation

Court

Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided On

Case Number

FA.No.656 of 2012 against C.C.No. 14/2012, District Consumer Forum, Ranga Reddy

Judge

Appellant

Balaji Residency Welfare Society

Respondent

Sri Balaji Constructions, Rep. by Its Managing Partner and Another

Excerpt:


oral order: ( honble justice sri d. appa rao, president) this appeal is preferred by the complainant against the order of dismissal of its complaint for default. it alleges that it had noted the date of hearing wrongly as 06.08.2012 instead of 02.08.2012. therefore, it was unaware when the complaint was dismissed. later after coming to know of it, it filed the appeal. since the matter pertains to the year 2012 and in the light of the plea that it had wrongly noted the date of hearing, we are of the opinion that one more chance could be given to it to agitate the matter. in the result, the appeal is allowed and the order of the district forum is set aside. the district forum is directed to restore the complaint to its original file. both parties are directed to appear before the district forum on 01.11.2012 without insisting for fresh notice. the district forum is directed to give opportunity to both sides to lead whatever evidence they intend to lead and dispose off the matter on merits.

Judgment:


Oral Order: ( Honble Justice Sri D. Appa Rao, President)

This appeal is preferred by the complainant against the order of dismissal of its complaint for default.

It alleges that it had noted the date of hearing wrongly as 06.08.2012 instead of 02.08.2012. Therefore, it was unaware when the complaint was dismissed. Later after coming to know of it, it filed the appeal.

Since the matter pertains to the year 2012 and in the light of the plea that it had wrongly noted the date of hearing, we are of the opinion that one more chance could be given to it to agitate the matter.

In the result, the appeal is allowed and the order of the District Forum is set aside. The District Forum is directed to restore the complaint to its original file. Both parties are directed to appear before the District Forum on 01.11.2012 without insisting for fresh notice. The District Forum is directed to give opportunity to both sides to lead whatever evidence they intend to lead and dispose off the matter on merits.




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