Delhi

StateCommission

A/167/2017

ALAM KHURSHID - Complainant(s)

Versus

APPLE INDIA PVT. LTD. & ANR. - Opp.Party(s)

SELF

11 Aug 2017

ORDER

IN THE STATE COMMISSION: DELHI

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

 

Date of Decision: 11.08.2017

 

First Appeal No- 167/2017

(Arising out of the order dated 18.10.2016 passed by the Consumer Disputes Redressal Forum, East, Delhi in Complaint Case No. 905/14)

 

 

        In the Matter of:

 

                Alam Khurshid

          C/o Shah Tech U-222,

          Near Metro Pillar # 33

          Shakarpur, Delhi-110092

 

……Appellant     Versus         1. Apple India Pvt. Ltd. 19th Floor, Corcorde Tower “C” UB City, No. 24, Vittal Mallya Road Benagaluru- 560001 Tel: + 91-8040455150 India- Sales-Support@group.apple.com          2. Manpreet Telecom A-159, Vikas Marg, Shakarpur, Delhi-92, Tel: 9811458000 N-9, Outer Circle, Connaught Place, New Delhi Tel: 011-23324726

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

 

        In this appeal challenge is made to order dated 18.10.2016 passed by the Consumer Disputes Redressal Forum, East, Delhi in complaint case No. 905/14 by which the complaint filed by the appellant herein i.e. complainant before the District Forum has been dismissed.

        We have perused the impugned order.

        Perusal of the same shows that the complaint has been dismissed by the Ld. District Forum as the appellant/complainant did not file evidence by way of affidavit.

        Appellant/complainant states that he was conducting the case himself before the Ld. District Forum and was not aware that evidence by way affidavit had to be filed and states that if opportunity is given to him he will prove his case on merits.

        In view of the submissions made, we feel it appropriate to give an opportunity to appellant/complainant to file his evidence by way of affidavit before the Ld. District Forum.

         Accordingly, we allow the appeal and set aside the impugned order and remand back the case to Ld. District Forum for deciding it afresh.

        Let the parties appear before the Ld. District Forum on 11.09.2017.

        The Ld. District Forum shall given an opportunity to appellant/complainant to file evidence by way of affidavit. The respondents/OPs shall also be at liberty to file evidence by way of affidavit. The Ld. District Forum shall proceed further in the matter in accordance with law.

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

        File be consigned to record room.

       

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member