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D.K.JAIN, M.SHREESHA
EMAAR MGF Land Limited, Through Its Authrized Signatory – Appellant
Versus
Banga Constructions Pvt. Ltd. Thr. Its Authrized Representative – Respondent


Counsel for the Parties:
For the Appellant:Mr. Amit Mahajan & Ms. Neha Jain, Advocates
For the Respondent:Mr. Satish Kumar, Advocate

ORDER

This Appeal by the Developer of a Commercial Complex, known as “Central Plaza” at Mohali Hills, SAS Nagar, Mohali, (Punjab), is directed against order dated 05.01.2012 passed by the State Consumer Disputes Redressal Commission, Delhi (for short ‘the State Commission’) in Complaint no. C-11/20, whereby the Appellant has been proceeded against ex parte as, in spite of service of notice, it had remained unrepresented when the Complaint was taken up for hearing on that date.

2. When the Appeal came up for consideration on 17.04.2014, we had asked learned Counsel appearing for the Respondent/Complainant to satisfy us as to how in the first instance the Complaint alleging deficiency in service on the part of the Appellant in not delivering possession of four shops in the said Commercial Complex, was maintainable under the Consumer Protection Act, 1986 (for short ‘the Act’).

3. Accordingly, without going into the question as to whether or not the State Commission was justified in proceeding ex parte against the Appellant, we have heard learned Counsel for the parties on the above stated question. It is not in dispute that the Respondent Company had been allotted four units on different






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