Karnataka

StateCommission

A/497/2021

G Srinivasan, S/o late G Gandhi - Complainant(s)

Versus

Country Vacations, Division of Country Club (India) Ltd., - Opp.Party(s)

Arikesari K K

27 Aug 2021

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

 

DATED THIS THE 27^TH DAY OF AUGUST 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 497/2021

 

1 . G Srinivasan, S/o late G Gandhi .      Aged about 48 years, 36/1, 8th Cross,      60 ft. Road, J C Road,      Mahalakshmipuram, Bengaluru 560086.   2 . Smt B N Meena,      W/o G Srinivasan, Aged 45 years,      36/1, 8th Cross, 60 ft. Road, J C Road,           Mahalakshmipuram, Bengaluru 560086.   (By Sri. Arikesari K. K.)   V/s

……Appellants

1 . Country Vacations,      Division of Country Club (India) Ltd.,      Regd. office at, 6-3-1219, 2nd floor,          Begumpet, Hyderabad 560016      Rep. by Managing Director   2 . Country Vacations,      Division of Country Club (India) Ltd.,      Branch office atNo.102, 1st floor,      No.48, S and S Chambers,      Next to Kamath Hotel,      Bowring Hospital Road, Shivajinagar,          Bengaluru 560001.      Rep. by branch Mananger.

..…Respondents

O R D E R

 

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH        : PRESIDENT

This appeal is preferred by the complainant against the order of dismissal for default dated 02.02.2021 in consumer complaint No.1658/2017 on the file II Additional District Consumer Disputes Redressal, Commission, Bangalore.

2. Counsel for appellant present and files application under Section 5 of the Limitation Act to condone the delay of 106 days in preferring the appeal contending that in view of Pandemic Covid-19 appeal could not be preferred within time.
3. Considering the reasons assigned in the affidavit, delay in preferring the appeal is condoned.
4. Heard the counsel for appellant on admission.
5. It is submitted by counsel for appellant that District Commission without considering the arguments addressed by the counsel for appellant/complainant and written arguments submitted on behalf of complainant, dismissed the complaint for non-prosecution which is not sustainable and the same is liable to be set aside.
6. Perused the impugned order and documents submitted along with appeal memo.  It is seen from the record the appellant/ complainant has submitted his written arguments on 29.01.2019.  However, by oversight the District Commission without noticing the written arguments filed on behalf of complainant dismissed the complaint for default.  Hence, the matter requires reconsideration.  The matter has to be decided on merits.  Hence, the following:

ORDER

The appeal is allowed and the impugned order is set aside.  The matter is remanded to the District Commission to dispose of the case on merits in accordance with law after affording opportunity to both parties. 

The District Commission is directed to dispose of the case within 3 months from the date of appearance of both parties.

 

 

3270399981102.  

 

 

 

144616126.  

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