Chandigarh

StateCommission

A/121/2018

M/s Grand Travel Planners Pvt. Ltd. - Complainant(s)

Versus

Amardeep Singh - Opp.Party(s)

Gaurav Sharma, Adv.

10 Aug 2018

ORDER

Sh. Manpreet Singh Dua, Advocate, Counsel for the non-applicants/respondents has filed his vakalantama, which is taken on record.

                   Alongwith the appeal, an application for condonation of delay of 24 days as per the applicants/appellants  (as per the office report 7 days), in filing the appeal, has been filed.

                   Heard Counsel for the parties.

                   For the reasons stated in the application, which is supported by a duly sworn affidavit and finding sufficient cause, the delay aforesaid is condoned.

                   The application is disposed of accordingly.

                   This appeal has been filed against order dated 13.02.2018 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short “the Forum” only) allowing Consumer Complaint No.947 of 2017 filed by the respondents/complainants granting them the following relief :-

“7]      In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed qua the OPs. The OPs are directed as under:

1. To pay an amount of Rs.35,000/- to the complainants as compensation for causing them harassment & mental as well as physical agony on account of rendering deficient services.
2. To pay Rs.7000/- as litigation expenses.

This order shall be complied wit­h by the OPs within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay interest @9% per annum on amount as mentioned at sub-para (a) above from the date of this order till it is paid, apart from paying litigation expenses.”

                   At the time of arguments, it was contended by Counsel for the appellants that notice of the complaint was never received and without allowing the appellants to contest the complaint on merits, impugned order was passed in an exparte manner. He has raised many issues on merits. Be that as it may, it is not necessary to pass any detailed order, as at the time of arguments, Counsel for the respondents/complainants in a very graceful manner stated that let the order be set aside and the complaint be heard on merits, after providing opportunity of hearing to the appellants. He only said that let a cost be imposed upon the appellants for wasting time of the Court and also time of the respondents/complainants.

                   In view of above, this appeal is allowed. Order, under challenge, is set aside.

                   Parties are directed to put in appearance before the concerned Forum on 05.09.2018.

                   Counsel for the appellants undertakes to file reply and evidence/affidavit on record positively on or before the date fixed before the Forum, failing which, no further opportunity shall be granted.

                   Order passed is subject to payment of Rs.15,000/- as cost. Let amount of cost be paid by the appellants to the respondents/complainants on the next date of hearing before the Forum.

                   As per office report, an amount of Rs.21,500/- was deposited with this Commission by the appellants at the time of filing this appeal.

                   Let the aforesaid amount of Rs.21,500/- alongwith interest, if any, accrued thereupon be released in favour of the appellants within seven working days from today.

                   Certified copies of this order be sent to the parties, free of charge.

                   Certified copy of this order and also the record be sent to the Forum, immediately, so as to reach there before the date fixed.

                   File be consigned to the Record Room after completion.