STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
Appeal No. | : | 37 of 2016 |
Date of Institution | : | 25.01.2016 |
Date of Decision | : | 10.02.2016 |
Sh. Jatinder Kumar Mahajan, DGM North, Room No.301, Third Floor, BSNL Office, Telephone Exchange, Sector 17-D, Chandigarh.
……Appellant.
Versus
Devender Vij R/o 38, First Floor, Sector 7, Chandigarh.
....Respondent.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT.
SH. DEV RAJ, MEMBER.
MRS. PADMA PANDEY,MEMBER.
Argued by:
Sh. G. C. Babbar, Advocate for the appellant.
Sh. Devender Vij, respondent in person.
PER JUSTICE JASBIR SINGH (RETD), PRESIDENT
(ORAL)
Service is complete.
2. Sh. Devender Vij, respondent (complainant) has put in appearance in person.
3. This appeal has been filed against the order dated 10.12.2015 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’). Vide the said order, Consumer Complaint No.465 of 2015 filed by the respondent/complainant was allowed and directions were issued to the appellant/Opposite Party to remove defect, if any, in the internet connection of the respondent/complainant and further compensation and litigation expenses were also awarded.
4. It is apparent from the record that when none appeared for the appellant/Opposite Party, he was proceeded against exparte vide order dated 16.11.2015.
5. At the time of arguments, Sh. Devender Vij, respondent/complainant very graciously states that let the matter be decided on merits by the Forum. He is interested only that his internet connection be rectified so that he may get proper internet/broadband speed.
6. In view of very fair stand taken by the respondent/complainant, we allow this appeal. The order under challenge is set aside. The complaint is remitted to the Forum concerned, to decide it afresh on merits.
7. On oral request made by the respondent/complainant, BSNL, Chandigarh through its General Manager is impleaded as Opposite Party No.2 in the complaint.
8. Sh. G. C. Babbar, Advocate, Counsel for the appellant/Opposite Party undertakes that he will put in appearance for both the Opposite Parties i.e. the appellant and newly added party.
9. The parties are directed to appear before the Forum on 01.03.2016.
10. Let reply, affidavit and evidence be filed on or before the date fixed.
11. We expect that the Forum will dispose of the complaint within eight weeks from the date the parties will put in appearance.
12. Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.
13. The file be consigned to Record Room, after completion.
Pronounced.
February 10, 2016.
[JUSTICE JASBIR SINGH (RETD.)]
PRESIDENT
(DEV RAJ)
MEMBER
(PADMA PANDEY)
MEMBER
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