Mr. Justice G.G. Loney, President—This is an application filed by original opposite party to quash and set aside the order of this Commission dated 5.11.92 passed in Complaint No. 252/91. The applicant contended that written statement/reply in answer to the allegations of complainant Dr. H.G. Abhyankar presently, non-applicant, was sent to this Commission on 10.3.1992 by registered post with acknowledgment due and it was received in the Office of the State Commission on 6.3.1992. The applicant further contended that despite the said reply of applicant, this Commission proceeded ex-parte against him. The complainant further contended that there was no deficiency in his service as he has completed the construction as per the second agreement dated 22.6.91. It is further submitted that complainant Dr. H.G. Abhyankar had filed a Civil Suit No. 1413/91 in the Court of Civil Judge, Snr. Division, Pune on 15.11.91 against the applicant interalia praying for specific performance of the aforesaid agreement. It is further contended that Dr. Abhyankar prayed for a decree for specific performance of agreement or in the alternative claimed the reliefs of Rs. 2,00,000/- towards the cost of