RAHEJA DEVELOPERS LIMITED Vs. VIPIN GUPTA

JUDGEMENT

(1.) This First Appeal under Sec. 51 of the Consumer Protection Act, 1986 (in short, the 'Act') is in challenge to the order dtd. 10/7/2023 of the State Disputes Redressal Commission, Delhi (in short, the 'State Commission') in Complaint Case No. 180 of 2021. By way of the impugned order the right of the Appellant to file Written Statement was closed by the State Commission.

(2.) Briefly put, the relevant facts of the case are that the Respondent has filed a Consumer Complaint case no.180 of 2021 before the State Commission. Vide the order recorded during the course of hearing in these proceedings on 10/7/2023, the State Commission recorded that despite service of notice on the Appellant/Opposite Party by the Respondent/Complainant by way of email on 20/4/2023, the Appellant/Opposite Party did not file its written statement till date. In view of the written statement not being filed within the stipulated time, the State Commission closed the right of the Appellant/Opposite Party to file the same. However, both parties were directed to file two page written arguments and listed the matter for final arguments on 13/10/2023. This daily order is impugned before us on the ground that service of notice on the Appellant/Opposite Party as per Sec. 65(1) of the Consumer Protection Act, 2019 had not been affected and hence the period for filing reply to the complaint had not commenced. It is contended that the service of notice by way of email was not supported by any evidence. It was also contended that the impugned order did not record the satisfactory service of notice under Sec. 65(1) as required prior to closing the substantive right of the Appellant/Opposite Party to file its reply within the stipulated time frame of 30 days with a further period of 15 days. It is, therefore, prayed that the Appeal be allowed and the impugned order dtd. 10/7/2023 be set aside with any other order(s) as deemed fit in the interest of justice.

(3.) I have heard the learned counsel for the parties and given careful consideration to the material on the record.