Date of Filing :09.09.2024

Date of Disposal :14.11.2024

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

DATED:14.11.2024

PRESENT

Mr K B. SANGANNANAVAR: JUDICIAL MEMBER

(DIST. & SESSIONS JUDGE (R)

Mrs DIVYASHREE M: LADY MEMBER

APPEAL No.2661/2024

Mrs. Nida Masood

W/o Mr Sayed Zihan Ahmed

Aged about 32 years

Residing at B-1205

Brigade Exotica,

No.35 and 36/1P, Before Budigere Cross

Old Madras Road

Virgonagar, Avalahalli

Bangalore-560 049

Rep. by GPA holder

Mr. Mohammed Tameem

(By Mr Arun Ajay, Advocate)                                           Appellant

                                                 -Versus-

1. AMPA ORTHODONTICS PVT. LTD.,

    Having its Office at 1^st Floor

    Empire Plaza B Wing

    Lal Bahadur Shastri Marg

    Vikhroli (West) Mumbai

    Maharashtra-400-083

2. SKINNSI BANGALORE

    Having its office at 2^nd Floor

    34, Suraj Ganga Soft Park

    1^st Main Road,

    J.P Nagar 3^rd Phase

    Bangalore-560 078                                                    Respondents

-:ORDER:-

Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:

1.       This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by Complainant, aggrieved by the Order dated 29.07.2024 passed in Consumer Complaint No.94/2024 on the file of IV Additional District Consumer Disputes Redressal Commission, Bengaluru (for short, the District Commission).

2.       The Parties to this Appeal will be referred to as their rank assigned to them by the District Commission.

3.       The Commission examined the impugned order, grounds of Appeal, Appeal papers and heard.

          Now the point that arises for consideration of this Commission would be: 

          Whether impugned order dated 29.07.2024 passed in CC No. 94/2024 does call any interference of this Commission for the grounds set out in the Appeal Memorandum?

4.       Appellant herein has raised a Consumer Complaint against OPs under Section 35 of CP Act, 2019 to direct OPs to refund a sum of Rs.53,600/- and to award compensation of Rs.50,000/- towards mental agony and Rs.50,000/- towards cost of the litigation. 

5.       This complaint came to be admitted on 15.03.2024 and ordered notice against OPs 1 and 2, who have been duly served on 09.12.2024, since they remained absent are held ex-parte.  Accordingly, the District Commission proceed to hold an enquiry on 09.05.2024, 14.06.2024 and on 19.07.2024, recorded complainant and counsel remained absent and further recorded despite sufficient opportunity, the complainant neither appeared nor adduced evidence and thereby proceed to pass a judgment on merits on 29.07.2024.   It is this order is assailed in this Appeal on the ground that the DCDRC failed to follow little procedure to be followed by an adjudicatory body. In this regard we are of the view if complainant remained absent and failed to participate in the complaint proceedings, the next legal course of action would be either to grant some more time or to dismiss the complaint for default and for non prosecution and to proceed to pass judgment on merits that too by dismissing the complaint for want of materials from complainant.  It is therefore such order is not sustainable under law is liable to be set aside.  It would be appropriate to observer herein that District Commission  to  decide the case and not to give numbers for its satisfaction or to satisfy the higher authority in this way, since passing of such orders have no relevance under law and are not enforceable. In other words such disposal never be appreciated either by the SCDRC or the Hon’ble National Commission.

          In the above such view of the matter, we proceed to allow the Appeal, by dispense with issuance of notice of this Appeal to be served on Respondent.  Consequently, set aside the order dated 29.07.2024 passed in CC No.94/2024 on the file of IV Additional District Consumer Disputes Redressal Commission, Bengaluru with a direction to readmit the complaint and allow the complainant to submit her affidavit evidence & documents and decide the complaint case on merits in accordance with law keeping in mind the object of CP Act, 2019.  

The Complainant is directed to be present before the District Commission to submit her affidavit evidence and documents without fail on 06.12.2024.

6.       Send copy of this Order to the District Commission and the parties concerned.

                Lady Member                    Judicial Member

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