Delhi

StateCommission

FA/127/2014

RAJ KR. YADAV - Complainant(s)

Versus

CHOLAMANDALAM MS GIC. LTD. - Opp.Party(s)

23 Dec 2015

ORDER

Present:     Counsel for the Appellant.

                 None for the Respondent.

 

        In this appeal prayer is made for recalling of the order dated 08.10.2013 by which consumer complaint has been dismissed for non appearance.

        The impugned order reads as under:

        “None has appeared for complainant inspite of several calls.

        Its already 2:50 P.M. accordingly case is dismissed in default.

        File be consigned to R.R.”

        Respondent has not appeared despite awaiting.

        Ld. counsel for appellant submits that prior to 08.10.2013 the matter was fixed before Ld. District Forum on 03.09.2013. It is submitted that on the said date after attending the matter the appellant/complainant duly intimated the next date of hearing as 08.10.2013 to his counsel.

        It is stated that the counsel for appellant/complainant in the process of shifting his office did not note down the next date and also could not locate the case file.

        It is submitted that the appellant/complainant was under the impression that his lawyer would appear before the District Forum on the date fixed. However, after few days when the appellant/complainant enquired from his counsel about the case, his counsel informed him the reasons as to why he could not attend the case on the said date. Thereafter, the appellant/complainant made enquiries before the Ld. District Forum on 17.01.2014 and came to know that the case was dismissed for non appearance on 08.10.2013.

        It is stated that non appearance on 08.10.2013 was neither intentional nor deliberate but due to the reasons stated above.

        Considering the reasoning given as well as considering that the matter has not been disposed of on merits, we allow that appeal and set aside the impugned order and restore the complaint to its original position.

        The appellant/complainant shall appear before the Ld. District Forum on 23.02.2016.

It is clarified that the District Forum shall not proceed further in the matter without issuing notice to respondent/OP.

        Appeal stands disposed of.

        File be consigned to record room.