AIR INDIA LTD. Vs. SUBHASH KASHINATH

JUDGEMENT

(1.) This First Appeal, under Sec. 19 of the Consumer Protection Act, 1986 (for short andquot;the Actandquot;), has been filed by Air India Ltd., Opposite Party No.1 in the Complaint, against the order dated 06.05.2016, passed by the Maharashtra State Consumer Disputes Redressal Commission at Mumbai (for short andquot;the State Commissionandquot;) in Consumer Complaint No. CC/16/215. By the impugned order, while posting the matter to 25.08.2016 for filing affidavit of evidence by the Complainant, the State Commission has proceeded ex-part against the Opposite Parties, including the Appellant herein, as the said parties remained unrepresented, despite service.

(2.) The Appellant had floated a Scheme to sell different types of flats to its employees at Navi Mumbai. While the said flats were to be constructed by Opposite Party No.2, notice as regards the said Scheme was issued by the Appellant on 06.01.2005. The Complainant was an employee of the Appellant, who had superannuated from the service on 30.06.2006. He had applied for a flat in the said Scheme and was allotted a Type-B Flat by the Appellant. Since the Opposite Parties did not accept the balance payment and thereby restrained the Complainant from taking possession of the said flat, alleging deficiency in service and unfair trade practices on the part of the Opposite Parties on several counts, the afore-noted Complaint came to be filed before the State Commission, praying for reliefs, mentioned in the Complaint.

(3.) As noted above, the Complaint is pending before the State Commission and the present Appeal is directed against the aforesaid interlocutory order, whereby the State Commission has proceeded ex-part against the Opposite Parties.