MUCHHALA INTERNATIONAL & ANR Vs. ARUNKUMAR MUCHHALA

JUDGEMENT

(1.) This appeal has been filed by Mauchhala International & Anr. against the order dated 6.01.2014 of the State Consumer Disputes Redressal Commission, Maharashtra (in short 'the State Commission') passed in complaint No.CC/11/247.

(2.) Brief facts of the case are that one complaint was filed by respondents/complainant against the appellants/opposite parties (being OP Nos.1 & 2) before the State Commission, vide complaint No.247 of 2011, alleging deficiency in services on the part of opposite parties on various counts such as for not providing occupancy certificate & building completion certificate from Municipal Corporation of Greater Bombay to the complainant and also alleging non-compliance of statutory obligations by opposite parties by non execution of conveyance deed in favour of complainant society to transfer the rights title and interest. On 06.03.2013 complainant was ordered to be proceeded ex-parte against the appellants/opposite parties (being OP Nos.1 & 2) by State Commission. On 06.01.2014, the State Commission passed ex-parte final order against the appellants/opposite parties as under:-

(3.) Ma/14/263 (delay) was filed along with condonation of delay for setting aside the ex-parte order dated 06.01.2014 by appellants/opposite parties (being OP No.1 & 2) before the State Commission. Appellants/opposite parties (being OP No.1 & 2) then withdrew the MA/14/263 (delay) in view of decision of Apex Court in the case of Rajeev Hitendra Pathak Vs. Achyut Kashinath Karekar, 2011 9 SCC 541 whereby it has been held that District Fora and State Commissions have not been given any power to review their own orders. The State Commission vide its order dated 23.02.2015 allowed withdrawal of this application.