SHANKU CHAKRA CONSTRUTION Vs. S BHARATHI

JUDGEMENT

(1.) This appeal is directed against the order of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (in short, "the State Commission") dated 22nd September, 2008 whereby the State Commission disposed of the complaint preferred by the respondent ex-parte and directed the appellant/opposite party as under: -

(2.) Learned Shri K.P. Sunder Rao, Advocate for the appellant has challenged the impugned order on three counts. Firstly, that the petitioner/opposite party was not served with the notice of the complaint and as such it did not get opportunity to place its version before the State Commission. Secondly, it is contended that the respondent/complainant has obtained the impugned order by deliberately concealing the material fact i.e. the subject property regarding which original agreement was arrived at, was mortgaged with the bank and thirdly that the State Commission has not considered that the complaint itself was time barred. In support of his contention, learned counsel has taken us through several documents.

(3.) Learned Shri N.A. Jairaj, Advocate for the respondent/complainant without admitting the correctness of contentions of learned counsel for the appellant has fairly conceded that since the complaint was decided ex-parte, in interest of justice, the complainant/respondent has no objection if the impugned order is set aside and the matter is remanded back to the State Commission for disposal of complaint on merits after giving opportunity of being heard to the parties.