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2018 DIGILAW 2187 (HP)

Dinesh Rathore v. H. P. Housing & Urban Development Authority

2018-12-10

P.S.RANA, SUNITA SHARMA, VIJAY PAL KHACHI

body2018
JUDGMENT P.S. Rana (R) President. - Present appeal is filed against order dated 28.07.2017 passed by Learned District Forum Solan H.P. in consumer complaint No.15/2017 titled Dinesh Rathore v. H.P. Housing & Urban Development Authority (HIMUDA) & Ors. whereby learned District Forum Solan (H.P.) dismissed the consumer complaint No.15/2017 in default. 2. We have heard learned advocates appearing on behalf of contesting parties on merits and we have also perused the entire record carefully. We are of the opinion that no prejudice shall be caused to the opposite parties if consumer complaint is restored to its original number because due opportunity shall be given by learned District Forum to the parties to adduce evidence in support of their pleadings in accordance with law and due opportunity shall be given by learned District Forum to the parties to address the District Forum on merits. 3. State Commission is of the opinion that opposite parties will be compensated with costs and no miscarriage of justice would be caused if complaint is restored to its Dinesh Rathore v. H.P. Housing & Urban Development Authority & Ors. (F.A. No.238/2017) original number. State Commission is of the opinion that it is expedient in the ends of justice and on the principles of natural justice that present consumer complaint should be disposed of on merits. 4. In view of above stated facts appeal is allowed and order of learned District Forum dated 28.07.2017 passed by Learned District Forum in consumer complaint No.15/2017 titled Dinesh Rathore v. H.P. Housing & Urban Development Authority (HIMUDA) & Ors. is set aside. 5. Complaint is restored to its original number subject to payment of costs to the tune of Rs. 3000/- (Three thousand). Complainant shall pay costs to the opposite parties equally before learned District Forum. Contesting parties are directed to appear before learned District Forum on 24.12.2018. Learned District Forum shall issue notices to learned advocates engaged by other opposite parties before learned District Forum. 6. Learned District Forum Solan (H.P.) shall dispose of consumer complaint within two months after receipt of file strictly in accordance with law and proved facts because proceedings under Consumer Protection Act Dinesh Rathore v. H.P. Housing & Urban Development Authority & Ors. (F.A. No.238/2017) 1986 are time bound proceedings. Observations shall not effect merits of consumer complaint in any manner. Learned District Forum Solan (H.P.) shall dispose of consumer complaint within two months after receipt of file strictly in accordance with law and proved facts because proceedings under Consumer Protection Act Dinesh Rathore v. H.P. Housing & Urban Development Authority & Ors. (F.A. No.238/2017) 1986 are time bound proceedings. Observations shall not effect merits of consumer complaint in any manner. File of learned District Forum alongwith certified copy of order be sent back forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of costs strictly as per rules. Appeal is disposed of. Pending application(s) if any also disposed of.