KAD HOUSING PVT. LTD. Vs. M.L.VARMA

JUDGEMENT

(1.) First appeal no. 540/2017 has been filed under section 19, read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 23.12.2016, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in consumer complaint no. C-550/2014, vide which, the appellants were not permitted to file their written version to the consumer complaint filed by the respondents/complainants on record.

(2.) The facts of the case are that the respondents/complainants filed consumer complaint no. C-550/14 before the State Commission, alleging deficiency in service on the part of the appellants builders/opposite parties (OPs) in not delivering the premises in question to them in accordance with the terms and conditions of the memorandum of understanding entered between the parties, despite the full consideration having been paid to them. A prayer was made in the said consumer complaint that the OPs should be directed to pay the monthly assured return to them in accordance with the terms and conditions of the MOU alongwith interest thereon. During proceedings before the State Commission on the said consumer complaint, interim order dated 14.01.2016 was passed by them, which states as follows:-

(3.) Being aggrieved against the above order of the State Commission, the appellants/OPs challenged the same by way of FA No. 214/2016 before this Commission. The said appeal was decided by this Commission vide order dated 17.11.2016, in which it was stated as follows:-