SHREE SAINATH ENTERPRISES CONSTRUCTION & DEVELOPERS PVT. LTD. & 2 ORS. Vs. SAROJ RAJENDRAKUMAR GUPTA & ANR.

JUDGEMENT

(1.) This Appeal under Sec. 19 of the Consumer Protection Act, 1986 (for short the Act ), by the Opposite Parties in the Complaint, namely, the Developer and its functionaries, is directed against the order dated 13.08.2015, passed by the State Consumer Disputes Redressal Commission, Maharashtra at Mumbai (for short the State Commission ) in Complaint No.15/338. By the impugned order, the State Commission has directed that the Opposite Parties No.1 and 2, Appellants No.1 and 2 herein, shall be proceeded against without their Written Versions, as the same had not been filed despite a last chance having been granted for the said purpose. By the same order, the State Commission has also directed ex parte proceedings against Opposite Party No.3, Appellant No.3 in this Appeal.

(2.) When the Appeals had come up for motion hearing on 12.05.2016, it was submitted by learned Counsel appearing for the Appellants that although, on the date when the impugned order was passed, i.e. 13.08.2015, the extended statutory period of 45 days had not expired, yet the Written Version was not taken on record and therefore, the ratio of the decision of the Honourable Supreme Court in New India Assurance Company Limited Vs. Hilli Multipurpose Cold Storage Private Limited, AIR 2016 SC 86 would not be attracted on the facts of the present case.

(3.) Upon notice, both the Complainants are represented.