Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
This appeal was lying unattended since it was filed in 2003. It was taken out from unattended files and placed before us on 4th July, 2011. On that day since both parties were absent, we deemed it fit and proper to issue notice to both the parties and notices were made returnable on 10.08.2011. On 10.08.2011 though notices were issued by the Commission we had not received service report from the postal authority. So we adjourned this matter today for awaiting service report. Even today service report is not received but since notice was sent on 04.08.2011 we presume that both parties must have received notice sent through the post. We therefore decide to dispose of this appeal on merit.
Complaint was filed by the Appellant in the District Consumer Disputes Redressal Forum, Thane vide Complaint No.35/2001. He had grievance against the General Manager, Department of Telecommunication Kalyan and other two officials of the Telecom Department. He filed consumer complaint alleging deficient service on their part. However, that complaint was dismissed for the absence of Complainant by passing order dated 27th August, 2002. Against the order of dismissal, this appeal came to be filed in the year 2003 (with delay of 23 days) with condonation of delay application. Since, today also Appellant and his Counsel are absent, we have got no option but to dismiss the appeal on merit because order passed by the District Forum to dismiss the complaint due to default committed by the Complainant on the face of it appears to be just and proper and it is sustainable in law. A party who is filing consumer complaint has to pursue the complaint diligently before the District Forum or prosecute the appeal pending before the State Commission diligently, but, we are finding that when complaint was dismissed by the District Forum the Complainant had not prosecuted the complaint diligently. The same situation is available before us. We had issued notice to the Appellant but Appellant has not come to contest this appeal. Hence, we pass the following order:
O R D E R
(i) Appeal stands dismissed.
(ii) No order as to costs.
(iii) Inform the parties accordingly.
Pronounced on 27th September, 2011.
