Delhi

StateCommission

A/420/2015

SHOBHA SHARMA - Complainant(s)

Versus

ANSAL HOUSING & CONSTRUCTION LTD. - Opp.Party(s)

15 Jan 2016

ORDER

IN THE STATE COMMISSION

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

 

Date of Decision: 15.01.2016

 

First Appeal – 420/2015

 

        In the Matter of:

 

                Shobha Sharma

          Daughter of

          Resident of 389, Masjid Moth,

          Near South Extension Part-2,

          New Delhi-110049

……Appellant     Versus   Ansal Housing & Constructions Ltd. Registered & Head Office: 15, UGF, Indra Prakash, 21, Barakhamba Road, New Delhi-110001 And Also At: 2nd Floor, GNG Towers, Building No. 10, Sector-44, Gurgaon                                                                                 …….Respondent

CORAM

Justice Veena Birbal, President

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

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

        In this appeal the appellant has prayed for recalling of order dated 31.07.2015 by which complaint of the appellant herein i.e. complainant before the District Forum has been dismissed for non appearance.

        Ld. counsel for the appellant has submitted that the complaint was filed on 09.09.2014 and the appellant/complainant throughout had appeared in the proceedings before the Ld. District Forum.

        It is stated that the written statement has already been filed before the respondent/OP. It is further stated that when the case was at the stage of filing rejoinder and evidence the talks was initiated between the parties for settlement and the matter was adjourned for 11.03.2015. On 11.03.2015 also the appellant/complainant had appeared on 01.04.2015 but the coram was not complete. On 03.07.2015 due to non appearance the complaint of the complainant has been dismissed for non appearance.

        It is stated that the counsel for the complainant was held up in Saket Court and by the time he had reached before the District Forum at around 12:00 noon the complaint was already dismissed for non appearance.

        In view of the reasoning given as well as in the interest of justice, the appeal is accepted, the order dated 03.07.2015 is recalled and complaint is restored to its original position.

        Let the parties appear before the District Forum on 15.03.2016.

        On the said date the District Forum shall proceed further in the matter in accordance with law.

        Appeal stands allowed.

        File be consigned to record room.

               

(Justice Veena Birbal)

President