Rera to act after DSK digs self into ‘ex parte’ hole
City-based developer, DS Kulkarni, aka DSK, is likely to face an ‘ex parte’ decision against him by the Pune Rera court after his lawyers failed to appear before the court for consecutive hearings for over a month.
FD Jadhav, deputy secretary of Maha-Rera, Pune, said, “For over a month, DSK’s lawyers have not appeared in court. We have sent a legal notice to DSK seeking a reply on the issue.”
He further added, “If there is no response from DSK, we will have to take an ex parte decision against the developer and in favour of the consumers.”
An 'ex parte’ decree is one passed against a defendant in absentia. Despite service of summons, if on the date of the hearing, only the plaintiff appears before the court, the court may hear the case ex parte and pass a decree against the defendant.
A Rera official, on the condition of anonymity, said, “DSK has not been able to pay even his lawyers’ salaries. Initially, his lawyers were present in court during the hearings. However, when they stopped receiving their salaries, they stopped coming to court.”
Generally, ex parte decrees are passed against the party which fails to provide appropriate legal representation. In this case, the final ruling will be in favour of the consumer, the official added.
In order to facilitate complainants from the Pune and Aurangabad divisions, the Maharashtra Real Estate Regulatory Authority (Maha-Rera) appointed two adjudicating officers in Pune. Out of the 225 cases that were transferred from the Mumbai Rera to the Pune court, 40 cases are against DSK.