SILVEX REALTY LTD Vs. PRAVIN PADMAKAR BANAVALIKAR

JUDGEMENT

(1.) Petitioner/Opposite Party has filed above noted three revision petitions under Section 21(b) of Consumer Protection Act, 1986 (for short, 'Act') against ex parte order dated 3.12.2012 followed by order dated 19.7.2013 passed by the State Commission, Maharashtra (for short, 'State Commission').

(2.) As per averments made in the revision petitions, respondents /complainants had booked flat in one of the projects of the petitioner company. Respondents filed a winding up company petition before Bombay High Court for reliefs claimed all concerning to their employment with the petitioner which also subsequently included the claim of the flats. Thereafter, respondents filed complaint before the State Commission for possession of flat and incidental claim. Since, settlement talks were going on and the matter was being heard in the Bombay High Court, petitioner sought adjournment on two dates. On 3.12.2012 State Commission proceeded ex parte against petitioner without written version and directed the respondents to file the affidavits in evidence. On 19.12.2012, before Bombay High court both parties argued the matter for some time and sought time to take instructions from their respective clients so that petitions can be disposed of. Bombay High Court, accordingly passed the following order;

(3.) It is further alleged that subsequently petitioner under the impression that the respondents will withdraw the above said complaints and in pursuance of the same, the respondents also took adjournment on 9.1.2013. Therefore, petitioner did not file any application for setting aside order dated 3.12.2012. However, to the shock and surprise of the petitioner, respondents filed affidavit in evidence on 19.7.2013 and the State Commission kept the matter for arguments on 1.10.2013. It is further stated that on 19.7.2013, the counsel appearing for the petitioner apprised the State Commission about the order of the Bombay High Court but State Commission, without application of mind had kept the matter for arguments.