Delhi

North East

MA/3/2022

Niranjan Kumar - Complainant(s)

Versus

Cool Air Conditioning - Opp.Party(s)

27 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

 MA No. 03/22 in Complaint Case No. 287/17

           

 In the matter of:

 

	Niranjan Kumar S/o Lt. Sh. Ram Lakhan R/o A-1, New Seemapuri, Delhi-110095	Complainant/Applicant
	Versus
1.       2.	Cool Air conditioning H-69 A, Dilshad Garden, Delhi-110095     O’ General/ETA General Pvt. Ltd. Regional Office: 1st Floor, 221, Okhla Phase-III, Okhla Industrial Area, New Delhi-110020	Opposite Parties

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

           Surinder Kumar Sharma, President

1. This order shall dispose of an application filed by Complainant for restoration of the complaint which was dismissed vide order dated 28.04.22 for non-prosecution.   
2. We heard the Complainant and an employee of Opposite Party No.2 on the application filed by the Complainant for restoration of the complaint. We have also perused the file. It is the case of the Complainant that he could not appear on few dates because he and his family members were suffering from Covid and other ailments. It is his case that his non-appearance was not intentional. The case of the Complainant is that on few dates he could not appear in this Commission as he along with his family members were suffering from Covid and other ailments. The perusal of the file shows that the Complainant lastly appeared before this Commission on 28.01.20 and thereafter, he did not appear before Commission for 14 consecutive dates and ultimately on 28.04.20 the complaint is dismissed for non-prosecution. The Complainant seeks restoration of his complaint on the basis of that he was suffering from Covid and his family was also suffering from Covid. To support his contention, the Complainant has filed copy of report of Covid test dated 03.05.21. This test was conducted at HOD and this report pertains to the Complainant himself. Apart from this report, there is nothing on record to show that the Complainant is ever took treatment from anywhere regarding the illness. The Complainant is also filed copy of some prescription slip dated 30.08.21 of Dr. Sachdeva’s, Kosmos Superspeciality Hospital. This is hand written prescription and the hand writing is not legible. However, the perusal of the same shows that the Doctor has advised hard Bed to the Complainant. The perusal of the said prescription does not reveal any serious ailment of the Complainant nor does it shows that Complainant was advised rest or that he was not in a position to move or to carry out his routine works. It is also the case of the Complainant that his family members were also suffering from Covid and other ailments but he has not filed any documents to support his contention. The above mentioned two documents are not sufficient to believe the contention of the Complainant for his non-appearance for such a long period. Therefore, we do not see any merit in the application and the application is dismissed.
3.   Order announced on 27.02.23.

Copy of this order be given to Applicant/Complainant free of cost.

File be consigned to Record Room.                 

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President