STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

First Appeal No.    258 of 2015

Date of Institution:  18.03.2015

Date of Decision:    18.05.2015

Kamini Gupta w/o Sh. Sanjay Kumar, r/o House No.C-4, Staff Quarters, K.V.-1, Ambala Cantt.

Appellant-Complainant

Versus

1.      Big Bazar, Minerva Complex, Plot No.180/123, Rai Market, Ambala Cantt through its Proprietor/Partner.

2.      Akai Company, Global Brands Enterprises Solutions Private Limited, Plot No.97, Sector 44, Gurgaon 122002.

          At Present

          Jeeves Telecare, Service Centre, Near Polytechnic Chowk, Opposite J.P. Dutta Hospital, Ambala City 134003.

          Service Centre Telecare, Near Polytechnic Chowk, Ambala City.

Respondents-Opposite Parties

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

Present:     Ms. Kamini Gupta, appellant-complainant in person

                   Shri Tarun Gupta, Advocate for the respondent No.1.

O R D E R

 NAWAB SINGH J, (ORAL)

The instant appeal has been filed by Kamini Gupta –complainant against the order dated January 12^th, 2015 passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’), Ambala, whereby, the complaint was dismissed in default.

2.      Notice of the revision was issued to the respondents by registered post acknowledgement due and dasti (by-hand) as well for today.

3.      Petitioner has placed on record acknowledgement of notice by the respondent No.2. Despite service, it did not appear.  Hence, respondent No.2 is proceeded ex parte.

3.         Petitioner has urged that she wrongly noted the date as January 19^th, 2015 instead of January 12^th, 2015 due to which she could not appear on the date fixed and complaint was dismissed in default. 

4.      She further urged that the impugned order be set aside and complaint be restored at its original number.

5.         The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

6.       Accordingly, the appeal is accepted and the order dated January 12^th, 2015 is set-aside.  The complaint is restored at its original number.

7.      The parties are directed to appear before the District Forum on June 15^th, 2015.

8.      Copy of this order be sent to the District Forum.

UK