YOUNG INDIA ENGINEERS Vs. BADRI

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 06.05.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad (in short, 'the State Commission') in Appeal No. 625/2011 M/s. Young India Engineers Vs. Badri by which, while dismissing application for condonation of delay, appeal was dismissed.

(2.) Brief facts of the case are that complainant/respondent filed complaint before District Forum. OP/petitioner did not appear before District Forum and learned District Forum vide order dated 30.6.2010 allowed complaint and directed OPs to handover possession of the flat or pay Rs.5,90,000/- with 18% p.a. interest and further awarded Rs.25,000/- as compensation and Rs.2,000/- as cost. OP filed appeal along with application for condonation of delay of 475 days and learned State Commission vide impugned order dismissed application for condonation of delay and consequently, appeal was dismissed.

(3.) Learned Counsel for the petitioner submitted that learned District Forum proceeded ex-parte against the petitioner without service on the petitioners and further submitted that inspite of reasonable explanation for condonation of delay, learned State Commission committed error in dismissing application for condonation of delay; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that order passed by leaned State Commission is in accordance with law; hence, revision petition be dismissed.