VIVEK KUMAR Vs. MELWYN COHELO

JUDGEMENT

(1.) These two first appeals have been filed under section 19, read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned interim order dated 18.01.2016, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in consumer complaints No. 484/2014 and 497/2014 filed before them by the respondents in the two cases, as per which, the right of the appellant/Opposite Party (OP) to file written version to the consumer complaint was closed, as being barred by limitation.

(2.) The facts of the case are that the respondents/complainants are stated to be commercial pilot licence holders. The complainant Melwyn Cohelo is working as Senior Sales Executive with a software company, whereas the complainant Gaurav is stated to be pursuing Master's degree in Business Administration at the time of making the complaint. It is stated that the opposite party (OP) M/s Blue Star Aviation Services (India) Limited is a company set-up with the main object to facilitate Type Rating TRAINING, Line training and employment opportunities to its Non-Type Right Pilots. The other OPs including the present appellant are stated to be the Directors of the said company. In March 2011, the OP-1 gave an advertisement in the newspaper, The Times of India regarding providing International Staffing Solutions for Pilots and Aircraft Maintenance Technicians. The complainants made applications with the OPs for facilitation in the training and employment opportunities provided by the Opposite Party. Based on various rounds examinations, discussion and tests etc., a letter of offer was given to the complainants, as per which, they deposited a sum of Rs. 15 lakh each with the OP-1 M/s. Blue Star Aviation Services (I) Limited. The complainants stated that they had taken loans from various sources for deposit of the said amount. Alleging that the opposite parties failed to meet their commitment in terms of the letter of offer in organising training for the complainants, they filed the consumer complaints in question before the State Commission, seeking refund of the amount of Rs. 15 lakh deposited with the OPs, alongwith interest and compensation under various heads.

(3.) During proceedings before the State Commission, notice was issued to the OPs and they were asked to file their written version to the complaint. The impugned interim order dated 18.01.2016 passed by the State Commission reads as follows:-