NCDRC

NCDRC

RP/1257/2019

RAVINDER YADAV - Complainant(s)

Versus

DELL AUTHORIZED SERVICE CENTRE & 2 ORS. - Opp.Party(s)

IN PERSON

10 Jun 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1257 OF 2019
 
(Against the Order dated 30/04/2019 in Appeal No. 19/2019 of the State Commission Delhi)
1. RAVINDER YADAV
...........Petitioner(s)
Versus 
1. DELL AUTHORIZED SERVICE CENTRE & 2 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ANUP K THAKUR,PRESIDING MEMBER
 HON'BLE MR. C. VISWANATH,MEMBER

For the Petitioner :IN PERSON
For the Respondent :

Dated : 10 Jun 2019
ORDER

Heard the petitioner/ complainant in person.

2.     His challenge is to the impugned order of the State Commission dated 30th April 2019, which reads as under:

“This revision petition has been filed by the OP Company assailing the orders of the District Forum dated 10.10.2018 ordering ex parte against them on the ground of non-appearance. The Ld Counsel for the Revision Petitioner states that the notices were ordered by the District Forum on 13.09.2018, issued on 19.09.2018 (and) were received by them on 10.10.2018, the date fixed for the purpose. Therefore, they had no occasion to put in appearance. R1 in the Revision Petition states that he had already intimated them about the date on 13.09.2018 itself, however, the OP could respond only (on) the receipt of notices by the District Forum.

Having regard to the facts and circumstances of the case, the revision petition is accepted. Orders passed by the District Forum on 10.10.2018 is set aside. Both the parties will appear before the District Forum on 23.05.2018, the date already fixed. The orders of District Forum having been set aside the District Forum shall commence the proceedings from 10.10.2018 after affording opportunity to the OP. The revision petition is disposed of accordingly.”

3.     Regardless of what may or may not have been the conduct of the opposite parties, it is clear from the above order that the petitioner/ complainant has not complied with the direction to appear before the District Forum on 23rd May 2019. It is obvious that 23.05.2018 in the impugned order above is an inadvertent error. The Petitioner has instead approached the National Commission with the present revision petition. Clearly, this revision petition cannot serve any real purpose for the Petitioner/ original complainant. It can only interfere with the proceedings and delay final disposal of the complaint.

4.     We see no infirmity in the order of the State Commission which has set aside the order of the District Forum dated 10.10.2018, and directed the parties to appear before the District Forum on 23.05.2019 and, further directed the District Forum to commence proceedings after providing opportunity to the opposite party.

5.     Accordingly, in the interest of justice, this revision petition is disposed off with the direction that the petitioner may appear before the District Forum on 9th August 2019, and the District Forum may expedite proceedings in the Consumer Complaint after affording opportunity to all the parties to be heard.

 
......................
ANUP K THAKUR
PRESIDING MEMBER
......................
C. VISWANATH
MEMBER

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