Delhi

StateCommission

A/347/2015

M/S GULAB SINGH & SONS PVT. LTD. - Complainant(s)

Versus

DELHI JAL BOARD - Opp.Party(s)

12 Dec 2017

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 12.12.2017

 

 

First Appeal No.347/2015

(Arising out of the order dated 02.01.2014 passed in Complaint Case No.430/2012 by the District Consumer Disputes Redressal Forum-II, New Delhi)

 

 

M/s. Gulab Singh & Sons Pvt. Ltd.,

Gulab Bhawan, 6, Bahadur Shah Zafar Marg,

New Delhi- 110002.                                                          … Appellant

 

Versus

 

Delhi Jal Board,

Jal Sadan, Lajpat Nagar,

New Delhi.                                                                     ….Respondent

 

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. This is an appeal under Section 15 of the Consumer Protection Act, 1986 (in short, “the Act”) wherein prayer is made for recalling of the order dated 02.01.2014 passed by the Consumer Disputes Redressal Forum –II, New Delhi (in short, “the District Forum”) in CC No.430/2013 by which the complaint filed by the appellant herein i.e. complainant before the District Forum has been dismissed for non-appearance.
2. The aforesaid order reads as under:

 

“Case called again at 3.10 PM

 

Present: Clerk of counsel of Delhi Jal Board.

 

     The case was called again at 3.10 PM. Nobody was present on behalf of the complainant. The case is therefore dismissed in default of the complainant. The file be consigned to Record Room.”

 

3. Ld. counsel for the appellant/complainant submits the counsel for the appellant/complainant was out of station as such he could not appear before the Ld. District Forum. It is stated that the case was listed for filing reply by the OP and OP did not file reply. It is stated that due to reasons beyond the control of the appellant/complainant, appearance could not be made before the Ld. District Forum. It is stated that great prejudice shall be caused in case the impugned order is not set aside and complaint is not restored to its original number. The averments made in the appeal are supported with the affidavit of the appellant/complainant.
4. No one has appeared on behalf of the respondent/OP despite service of notice.
5. In view of the reasoning given, as well as considering that the complaint case was at the initial stage when it was dismissed for non-appearance, in the interest of justice, we accept this appeal and set aside the impugned order and restore the complaint to its original position subject to costs of Rs.4,000/- which the appellant/complainant shall deposited with the State Consumer Welfare Fund (Legal Aid) within 04 weeks. Appellant/complainant is warned to be cautious in future. .
6. Appellant is warned to be cautious in future.
7. Parties are directed to appear before the District Forum on 09.01.2018. On the said date, the appellant/complainant shall produce the receipt of deposit of costs before District Forum. Thereafter, Ld. District Forum shall proceed further in the matter in accordance with law. Before proceeding further, District Forum shall serve fresh notice on respondent/OP.
8. A copy of this order as per the statutory requirement be forwarded to the complainant free of charge and also to the concerned District Forum. 

              File be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member