Delhi

StateCommission

FA/383/2014

SANDEEP JAIN - Complainant(s)

Versus

BRIJASHA CONSTRUCTION (P). LTD. - Opp.Party(s)

08 Apr 2015

ORDER

FA-383/14

08.04.2015

Present:        Sh. Praveen Kapoor, Counsel for the Appellant.

 

        Notice issued to the respondent received back unserved.

        Counsel for the appellant submits that there is no need to serve notice to the respondent as it is stated that when the complaint was dismissed in default vide impugned order dated 11.03.2014, the respondent was not yet served before the District Forum and had not put in appearance. Accordingly, no notice is issued to the respondent.

        I have considered the reasoning given for non appearance.

        It is stated that the counsel for the appellant i.e. complainant before the District Forum was         suffering from high fever due to which he could not appear in the District Forum on 11.03.2014 and also could not contact complainant to inform him about his difficulty on 11.03.2014. It is stated that non appearance was for bonafide reason and was neither intentional nor deliberate.

        In view of the reasoning given, the impugned order is set aside, the complaint is restored to its original position.

        The appellant/complainant shall appear before the District Forum on 03.07.2015.

        Before proceeded further in the matter, the District Forum shall ensure service on the respondent/OP.

        The appeal stands disposed of.

        File be consigned to record room.

        (Justice Veena Birbal)

President