ESSA BROTHER Vs. INDIAN AIRLINES

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission, where respondent Ms. Kusum B. Joshi, had filed a complaint alleging deficiency in service on the part of the respondent

(2.) Very briefly the facts of the case are that both the parties had got into an agreement to handover a flat (No. 11) and possession of which was given in May, 1990. After taking possession of the flat, the respondent / complainant found certain deficiencies in the flat; shortfall in area of the flat, possession of which was, given against the area reflected in the agreement and non-refund of excess price paid by the respondent / complainant. When the matter was not getting settled between the parties, a complaint was filed before the State Commission, who proceeded ex parte against the appellant as they neither filed affidavits, nor argued the case, and passed the order in following terms:

(3.) Aggrieved by this order, an appeal has been filed by the appellant before us, mainly contending that they did not get an opportunity before the State Commission to rebut all the claims/allegations made by the complainant before the State Commission. Instead of remanding the case, we directed the parties to file evidence by way of affidavits which was done.