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2003 DIGILAW 21 (SC)

DLF UNIVERSAL LTD. v. LALIT KUMAR GUPTA

2003-01-10

B.N.SRIKRISHNA, R.C.LAHOTI

body2003
( 1 ) LEAVE granted. ( 2 ) A complaint filed by the respondent against the appellant builder was entertained by the State Consumer Disputes Redressal Commission. The hearing in the matter took place on a date of which the appellant herein did not have notice. The matter was decided by the State Forum on merits and in favour of the complainant. Both the parties preferred appeals before the national Consumer Disputes Redressal Commission. The National commission found merit in the plea of the appellant builder that the hearing by the State Commission had taken place on a date of which the appellant builder did not have notice. However, the National Commission felt that it was not necessary to remand the matter for hearing afresh and it would meet the ends of justice if both the parties are heard on merits before the National commission. The National Commission has acted accordingly. To this extent, we do not find fault with the approach of the National Commission in the interest of expeditious disposal of the dispute. However, the approach of the national Commission adopted in disposing of the matter on merits cannot be entirely countenanced. One of the pleas specifically taken by the builder was that delay in delivery of possession over the flat to the complainant was on account of non-observance of the schedule of payment by the consumer. The learned Senior Counsel for the appellant builder has invited our attention to the contents of para 7 (along with the sub-paragraphs) of the written submissions filed on behalf of the appellant before the National Commission. The plea has been specifically taken therein. However, the National commission has not recorded any finding thereon. In such circumstances, we are inclined to hold that the appeal before the National Commission has not been satisfactorily disposed of by dealing with all the contentions raised before it. ( 3 ) FOR the foregoing reasons, the appeal is allowed. The impugned judgment of the National Commission is set aside and the case is remanded to the National Commission for hearing afresh on both the appeals preferred by the two parties before it. The National Commission shall take into consideration all the pleas raised before it and expeditiously decide the same in accordance with law. The appeal stands allowed in the abovesaid terms. No order as to the costs.