ARIHANT SHIVANK INFRA PROJECTS LIMITED Vs. RENU MAHESHWARI

JUDGEMENT

(1.) These first appeals no. 594 of 2021, 595 of 2021, 596 of 2021 and 597 of 2021 are decided by this order since in all these four appeals the issue involved is the same, only the flat number and the names of the complainants are different.

(2.) Background of the case is that the complainants i.e. respondents in these appeals had booked the flats with the appellant which the appellant had failed to deliver in time. The complainants thereafter filed their separate complaints. During the pendency of the complaint, after the notice was issued to the appellant, the appellant filed its written version and the matter thereafter was listed for recording the evidences of the parties. While the complainants filed their evidence, the appellant failed to file its evidence despite number of opportunities being given to it, and finally on 02.05.2018 subject to payment of cost of Rs.2,000/- one more opportunity was given to the appellant for filing its affidavit in evidence. On 08.05.2018, although the appellant filed its affidavit in evidence of Mr. Rakesh Goel one of the directors' of the appellant, it did not pay the cost. The State Commission adjourned the matter on several occasions for the payment of cost of Rs.2,000/- but appellant failed to comply with the directions of the State Commission and then finally State Commission rejected the evidence of the appellant and proceeded to decide the matter without taking into consideration the evidence of Mr. Rakesh Goel, filed on behalf of the appellant.

(3.) This started first round of litigation in the appeals filed by the appellant. In the First Appeals No. 1886/2018, 1887/2018, 1888/2018 and 1889/2018 this Commission vide its order dated 10.02.2021, issued following directions: