LAWS(NCD)-2016-3-16

EMPIRE MALL PRIVATE LIMITED Vs. KUNDAN BALKRUSHNA DESHMUKH

Decided On March 03, 2016
Empire Mall Private Limited Appellant
V/S
Kundan Balkrushna Deshmukh Respondents

JUDGEMENT

(1.) This appeal has been filed by appellant against order dated 1.6.2015 passed by State Commission in Complaint No. CC/15/8- Kundan Balkrushna Deshmukh VS. Empire Mall Pvt. Ltd.; by which opposite party was proceeded exparte.

(2.) Brief facts of the case are that complainant/ respondent filed complaint against opposite party/appellant with a prayer for refund of booking amount of Rs. 72,49,140/- for booking 5 offices measuring 5523 sq. ft. alongwith compensation of Rs. 5.00 lakhs and Rs. 12,50,000/- towards rent paid for alternate arrangement. Complaint was admitted on 27.2.2015 and notice was issued to opposite party for 22.4.2015. It appears that 22.4.2015 was declared holiday due to elections and matter was adjourned to 1.6.2015. On 1.6.2015, as opposite party did not appear in-spite of service of notice, Learned State Commission proceeded exparte by impugned order and matter was adjourned for complainant's evidence to 8.7.2015 against which this appeal has been filed.

(3.) None appeared for respondent even after service of notice and he was proceeded exparte.