Aggrieved by the order in Complaint No. 15/862 passed by the State Consumer Disputes Redressal Commission, Maharashtra (for short the State Commission), the Developer M/s Prescon Realtors & Infrastructure Pvt. Ltd. preferred this Appeal under Section 19 of the Consumer Protection Act, 1986 (for short the). While dismissing the directions sought for by the Appellant herein to amend the Written Version, the State Commission has observed as follows:- -1-

Adv. Ajay Pawar is present for the complainant. Adv. Nagraj Hoskeri is present for the opponent. Complainant has carried out amendment as per earlier order. Opponent has not carried out consequential amendment in its written version in spite of amendment of the complaint and hence now they cannot make amendment in written version as they did not avail the opportunity which was given by the law. Advocate for the complainant has filed brief notes of written arguments before the Registrar Legal on 25/01/2018. However, that is not in the file. Adv. Pawar to file a copy the same on which acknowledgement is given by the office. Advocate for the opponent has not filed brief notes of written arguments on record. Hence, he is saddled with costs of 500/- to be paid in Legal Aid Account of the Commission. Adjourn on 27.04.2018 for final hearing.

2. Ld. Counsel appearing for the Appellants argued that the State Commission has not given any reasons for not giving appropriate opportunity to the Appellants to defend their case specially in the light of the fact that the Complainants have also amended their Complaint.

3. Keeping in view that the State Commission has also observed in its order that the Complainant has amended the Complaint, the Appellants, in the interest of justice, ought to have been given one more opportunity to file the amended Written Version subject to some terms. Ld. Counsel for the Respondent contended that despite giving an opportunity, the Appellants did not chose to file their amended Written Version. At the cost of repetition we may note that as the Complaint itself was amended, we find it a fit case to afford an opportunity to the Appellants herein to amend their Written Version as there is a specific pleading that the Complainant had raised new contentions in the amended Complaint. However, having regard to the fact that the Complainant had also filed the Written Arguments way back in January, 2018 we are of the considered view that the Appellants may be given an opportunity to file their amended Written Version within 10 days from the date of receipt of a copy of this order with an advanced copy to the Respondent subject to payment of costs of 25,000/- to the Complainant within a week from today. Needless to add, after the amended Written Version is taken on record both the parties shall be given an opportunity for admission/denial and for filing Affidavits of Evidence in accordance with law. The parties, through their Counsel, are directed to appear before the State Commission on 28.11.2018. State Commission shall dispose of the Complaint as expeditiously as practicable within six months from the date of their first appearance i.e. 28.11.2018. In the result this Appeal is allowed with the afore-noted directions. ......................J R.K. AGRAWAL PRESIDENT ...................... M. SHREESHA MEMBER