SOLARIS REALTECH PVT LTD Vs. PRAKASH KUMAR

JUDGEMENT

(1.) This revision petition has been filed under Sec. 58(1)(b) of The Consumer Protection Act, 2019 in challenge to the Order dtd. 4/7/2023 passed by the State Commission in F.A. No. 173 of 2023 arising out of the Order dtd. 7/10/2022 passed by the District Commission in complaint no. 202 of 2022.

(2.) It appears that in the complaint that was filed before the District Commission the notice was issued which was served on the petitioner / opposite party, but despite service, none appeared on behalf of the petitioner / opposite party on the date fixed and no written statement was filed in the District Commission. As a result of this, the District Commission passed its order to proceed ex parte against the petitioner / opposite party. The Order dtd. 7/10/2022 passed by the District Commission may be quoted herein below:

(3.) Aggrieved by the same, the appeal was filed in the State Commission but with a long delay of 181 days. As such, the State Commission considered the delay condonation application first. After hearing the petitioner / opposite party, the delay condonation application was found to have no merits and therefore, was dismissed by the State Commission vide its impugned Order dtd. 4/7/2023. As a consequence of the same, the appeal too was dismissed as such.