LAWS(NCD)-2018-1-132

MADUVEGADDE OMPRAKASH; RAGHAVENDRAN GOPALKRISHNAN Vs. CHAIRMAN & MANAGING DIRECTOR, SAHARA PRIME CITY LTD & 2 ORS ; ZONAL MANAGER, SAHARA PRIME CITY LTD ; BRANCH MANAGER, SAHARA INDIA SAHARA PRIME CITY LTD ; CHIEF EXECUTIVE OFFICER, SAHARA PRIME CITY LTD & ANR ; SALES MANAGER, SAHARA PROME CITY LTD

Decided On January 16, 2018
Maduvegadde Omprakash; Raghavendran Gopalkrishnan Appellant
V/S
Chairman And Managing Director, Sahara Prime City Ltd And 2 Ors ; Zonal Manager, Sahara Prime City Ltd ; Branch Manager, Sahara India Sahara Prime City Ltd ; Chief Executive Officer, Sahara Prime City Ltd And Anr ; Sales Manager, Sahara Prome City Ltd Respondents

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) Learned counsel for the appellants submitted that the appellants have filed a complaint before Tamil Nadu State Consumer Disputes Redressal Commission, Chennai and they have engaged Mr. G. Krishnamurthy, as their counsel, who was appearing there. Due to ill-health, the counsel Mr. G. Krishnamurthy died unfortunately on 1.7.2015. Thereafter, no one represented or appeared on behalf of the complainants before the State Commission. The complainants were not aware of the death of their counsel.

(3.) The instant complaints are filed against the OP, who is a builder seeking refund of amount, which the complainants deposited in 2004 but possession was not handed over till 2007, as agreed. Therefore, dismissal of the complaint for non-prosecution, will cause injustice to the aggrieved consumers.