VASTUSHILPA CONSTRUCTION AND PMC Vs. R. KRISHNAKUMAR

JUDGEMENT

(1.) This revision petition has been filed under Sec. 58(1)(b) of the Act 2019 in challenge to the Order dtd. 25/1/2022 of the State Commission in appeal no. 1297 of 2018 arising out of the Order dtd. 22/6/2018 of the District Commission in complaint no. 2453 of 2017.

(2.) We have heard the learned counsel on admission and have perused the record including inter alia the Order dtd. 22/6/2018 of the District Commission, the Order dtd. 25/1/2022 of the State Commission and the petition.

(3.) The District Commission proceeded ex parte against the opposite party construction firm (the petitioner herein), recording in para 3 of its Order that "After admitting the complaint notice issued to OP, notice was served on OP called out absent hence placed exparte." It proceeded to take the evidence of the complainant and after appraising the evidence and material, and for reasons given, partly allowed the complaint. It directed the construction firm to refund the excess collected amount of Rs.10,64,269.00 along with interest at the rate of 10% p.a. to the complainant (the respondent herein).