Delhi

StateCommission

A/847/2014

LAXMAN KUMAR SINGH - Complainant(s)

Versus

ALL INDIA INSTITUTE OF MEDICAL SCIENCE - Opp.Party(s)

28 Jul 2015

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Decision: 28.07.2015

Appeal No. 847/14

 

Laxman Kumar Singh,

S/o Late Giro Singh,

R/o B-1007A, Gali No.1,

Deen Dayalpuri, Ashram Road,

Nand Gram, Ghaziabad,

U.P.-201003.                                                            …..........Appellant

Versus

All India Institute of Medical Science,

Through its Director,

Ansari Nagar,

New Delhi.                                                              …......Respondent

                                                                

CORAM

Justice Veena Birbal, President

Salma Noor, Member

OP Gupta Member (Judicial)

 

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

 

 OP Gupta, Member (Judicial)

1. The present appeal assails order dated 08.08.2014 passed by the Ld. District Forum-II, Udyog Sadan dismissing the complaint of the appellant in default.  The case of the appellant is that he had filed written arguments before the Ld. District Forum on 30.03.2011 and since then the file was pending for order.  The case was fixed for order on 24.12.2012. His Counsel was present on 08.05.2013 and 29.08.2013. On 30.01.2014 he did not appear in the court because his previous counsel Mr. Sanjeev Kumar Sharma did not inform about the date fixed. The Ld. District Forum issued notice to him but envelope did not contain proper address due to which he did not receive the notice and could not appear on 10.06.2014.

 

2. Notice of the appeal has been served on the respondent and Sh. B.P. Gupta, Adv. appeared. Since the case before the Ld. District Forum was at final stage, it is proper that matter is decided on merit after hearing the complainant instead of maintaining the order of dismissal in default.

 

3. Accordingly, the appeal is accepted and impugned order is set aside. The complaint before the Ld. District Forum is restored. The parties are directed to appear before the Ld. District Forum on 22.09.2015.  A copy of this order be sent to the Ld. District Forum.

 

 (Justice Veena Birbal)

President

 

(Salma Noor)

Member

 

 

(O.P. Gupta)

Member (Judicial)