VIJAY KUMAR TRIPATHI Vs. LAL BAHADUR KHAN

JUDGEMENT

(1.) The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Petitioner against the order dated 17.02.2021 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (for short "the State Commission") in Appeal No.827 of 2019 which had been filed by the Petitioner challenging the order dated 31.10.2018 passed by the District Consumer Disputes Redressal Forum-II, Lucknow (for short "the District Forum") in Complaint No.627 of 2015.

(2.) The brief facts of the case are that the Complainant had given the construction work to the Petitioner. Though, there was no written agreement, certain terms and conditions were orally agreed upon by the parties and accordingly, the Petitioner had started the construction on the said plot. One of the conditions, on which the building contract was given to the Petitioner, was that the construction would be completed within five months and it will not be left in unfinished or semifinished condition and would be done on the fixed rate etc. When the Petitioner failed to complete the construction and hand over the possession, the Complainant filed the Complaint.

(3.) From the perusal of the file, it is apparent and it is also not disputed that the Petitioner herein did not attend the proceedings before the District Forum. The District Forum in its order on the Complaint and the State Commission in the impugned order have clearly observed that the Petitioner was duly served of the processes issued by the District Forum in the Complaint. The Petitioner was thereafter proceeded ex parte and the Complainant led the ex parte evidence. Relying on the uncontradicted testimony of the Complainant, the District Forum passed the order with the following directions: