Delhi

StateCommission

A/399/2017

AMIT JAISWAL - Complainant(s)

Versus

APOLLO HOSPITAL & ANR. - Opp.Party(s)

S.C. ARORA

22 Sep 2017

ORDER

 

IN THE STATE COMMISSION: DELHI

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

 

Date of Decision: 22.09.2017

 

First Appeal No. 399/2017

(Arising out of the order dated 03.07.2017 passed by the Consumer Disputes Redressal Forum,VII, Delhi in Complaint Case No. 117/17)

 

 

        In the Matter of:

 

                Amit jaiswal,

Son of Sh. Suresh Chand,

Resident of H.No. 15A,

Subhash Chhowk,

Laxmi Nagar, N. Delhi.

 

……Appellant     Versus     1.Appollo Hospital Sarita Vihar Mathura Road, N. Delhi Through Its Authorized Person/Medical Supdt.   2.Dr. Saroj  Pascha Care of Appollo Hospital, Mathura Road, Sarita Vihar, N. Delhi.                                                                            …….Respondent

CORAM

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

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

 

This is an appeal wherein prayer is made for recalling of order dated 03.07.2017 passed by the Consumer Disputes Redressal Forum-VII, Delhi in Complaint Case No. 117/17 by which the complaint filed by the appellant herein i.e. complainant before the Ld. District Forum has been dismissed for non appearance.

        Counsel for the appellant/complainant submits that the complaint was not yet admitted and appellant/complainant was required to file certain documents before the Ld. District Forum. It is stated that those documents were not traceable as such could not be filed. It is stated that on 12.05.2017 when counsel for the appellant/complainant went to attend the matter, he got little late and was informed by the court staff that matter had been adjourned. He further informed that due to heavy workload, he was unable to inform the next date. It is alleged that number of visits were made but the file was not traceable. Thereupon, summer vacation started and on 03.07.2017 the complaint was dismissed for non appearance. It is stated that non appearance on aforesaid date was due to bonafide reasons as are stated above.

        The averments made in the appeal giving reasons for non appearance are supported with affidavit of appellant/complainant. Further, if impugned order is not set aside the appellant/complainant will be precluded from  pursuing the remedy which is available to him as per law.

        In view of above submission made, we accept this appeal and set aside the impugned order and restore the complaint to its original position.

        Appellant/complainant is warned to be cautious in future.

       

Let appellant/complainant appear before the Ld. District Forum on 09.11.2017.

        Thereafter, the Ld. District Forum shall proceed further in the matter in accordance with law.

        A copy of the order be sent to the appellant/complainant as well as to Ld. District Forum for necessary information.

        File be consigned to record room.   

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member