ABW INFRASTRUCTURE LTD Vs. SRIKANT SASTRI & ANR

JUDGEMENT

(1.) By this First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), a Real Estate Developer, namely, ABW Infrastructure Ltd. (for short "the Developer"), the sole Opposite Party in the Complaint under the Act, calls in question the legality and correctness of the order dated 17.08.2017, passed by the State Consumer Disputes Redressal Commission, Delhi at New Delhi (for short "the State Commission") in Consumer Complaint No. CC/390/2016. By the impugned order, the State Commission has proceeded against the Developer ex-parte and struck-off the written statement, filed on its behalf, as, in terms of its earlier order dated 17.02.2017, the Developer had not paid to the Respondents/Complainants the costs imposed on it as a pre-condition for taking on record the Written Version, filed belatedly.

(2.) Briefly stated, the facts leading to the filing of the Complaint are that:

(3.) Upon notice, the Developer put in appearance before the State Commission and chose to contest the Complaint. Perhaps, there was some delay on its part in filing Written Version. Vide order dated 17.02.2017, the State Commission had directed that the Written Version shall be taken on record, subject to payment of costs of Rs. 7,000/- to the Complainants, with a default stipulation that if the said costs were not paid within two weeks from the said date, the Written Version would not be taken on record. Since the Developer did not comply with the said direction, by the impugned order the State Commission has proceeded against the Developer ex-parte and also struck off its Written Version.