Delhi

West Delhi

CC/20/66

NIDHI GOEL - Complainant(s)

Versus

COUNTRY HOLIDAYS INN - Opp.Party(s)

22 Feb 2022

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION-III (WEST)

C-150-151, COMMUNITY CENTRE, JANAKPURI,

NEW DELHI-110058

CASE NO. 66/20

IN THE MATTERS OF:-

 

 

Nidhi Goel                                                                                                        ……COMPLAINANT

 

VERSUS

 

Country Holiday Inn & Suites Pvt. Ltd.                                                        ……OPPOSITE PARTY  

 

 

 

 

PRESENT: Adv. Bhushan Oza for complainant.                                          Dated: 22-02-2022

                                                                                                           

 

 

ORDER

 

Miscellaneous application no……/2022 in CC/66/2020.

 

By the present application, the complainant seeks review of the order dated 15/12/2021 whereby her complaint was dismissed for non-prosecution. Through this application the complainant states that on the last date of hearing i.e. 15/12/2021, the advocate of the complainant was under self-quarantine due to Covid. Therefore, he could not appear before the court and the matter got dismissed for non-prosecution. Accordingly, it is prayed that the said order be recalled and the complaint be restored to its original number. After hearing arguments, the application is allowed and the complaint is restored to its original no. 66/2020. We find from the record that on 03/03/2021 despite the non-appearance of complainant, notice was issued to the OP returnable on 01/06/2021. However, it appears that the notice was not issued and thereafter since the complainant did not appear the matter was dismissed for non-prosecution. During arguments on fresh admission of the case, the complainant was asked whether she has made any request to the OP for refund of the amount due to deficiency in service experience by her. Counsel for the complainant argued that they are making the request for refund for the first time in this case through this complaint. Counsel for the complainant was also confronted as to how the complaint is maintainable before this Commission as the complainant is resident of Dwarka Mor which does not come under the territorial jurisdiction of this Commission. The counsel, after seeking instruction from the complainant sought permission to withdraw the complaint to file it afresh with better particulars before the appropriate Commission. Accordingly, the complaint is dismissed as withdrawn with such liberty. At this stage, we may note that since this complaint was filed in 2020 the complainant while filing fresh complaint before the appropriate forum may face the limitation issue. Therefore, this Commission will appreciate if while considering the fresh complaint, the appropriate forum shall keep in mind the pendency of this complaint before this Commission from 18/02/2020 onwards till date. The present complaint is dismissed  as withdrawn with liberty to file afresh, as per law. Office is directed to return the complaint along with all the documents after retaining the copy of the same for records. Case is disposed off accordingly. File is consigned to record room.

 

 

 

 

 

 

 

 

                                                                                                                                                                    

Ms. Richa Jindal                                Mr. Anil Koushal                                  Ms. Sonica Mehrotra

(Member)                                                     (Member)                                                 (President)