Delhi

StateCommission

A/495/2015

S.V. SULOCHANA - Complainant(s)

Versus

CHIEF COMMERCIAL MANAGER, NORTHERN RAILWAYS - Opp.Party(s)

25 May 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :25.05.2016

First Appeal No. 495/2015

(Arising out of the order dated 28.8.15 passed in Complaint Case No.64/2015 passed by the District Consumer Dispute Redressal Forum-VI, New Delhi District.)

 

In the matter of

 

S.V. Sulochana

Flat No. 850, Sector-II

R.K. Puram, New Delhi

 

……Appellant

 

 

Versus

 

Chief Commercial Manager

Northern Railways,

Baroda House

New Delhi-110 001

 

…Respondents

CORAM

Justice Veena Birbal, President

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

1.             In this appeal prayer is made for setting aside the order dated 28.8.15 passed by the Consumer Disputes Redressal Forum-VI, New Delhi District (in short ‘ the Ld. District Forum) in CC No.64/15 by which the complaint of the appellant herein i.e. complainant before the Ld. District Forum has been dismissed for non appearance.
2.             It is stated that appellant herein i.e. complainant before the District forum had filed a complaint under section 12 of the Consumer Protection Act (in short, ‘the Act’) against the OPs for deficiency in service on their part as while travelling in G.T. Express on 23.8.12 she had lost her suit case and hand bag containing jewellary, clothes and certificates.
3.             Counsel for the appellant/complainant states that the complaint was not yet admitted when it was dismissed for non appearance.
4.             We have gone though the reasoning given for non appearance. It is stated that  on 28.8.15 Counsel for the complainant did not appear as his father was sick and needed his personal attention. Due to said reason, Counsel for the appellant was unable to leave his residence. It is stated that the prior to the aforesaid date there had been no default on the part of the appellant/complainant in appearing before the Ld. District Forum.
5.             We have heard the Counsel for the appellant and gone through the reasoning given in the application. We may mentioned that if the Counsel was unable to appear, the party ought to have appear. No reasoning given in this regard.
6.             However, considering that the complainant has valuable right to pursue her complaint and also keeping in mind the interest of justice, we accept the appeal and set aside the order dated 28.8.15 and restore the complaint to its original position.
7.             The appellant/complainant is warned to be caution in future.
8.             Let the appellant/complainant appear before the Ld. District Forum on 25.7.2016. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
9.             Appeal stands disposed of accordingly.
10.             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum – VI, New Delhi District for information.

File be consigned to record room.

 (Justice Veena Birbal)

President

                                                              

 

(Salma Noor)

Member