IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 16.05.2014
RP–19/2014
The Director,
St. Stephen’s Hospital,
Tis Hazari Courts, Delhi.
Dr. Atul Mishra,
St. Stephen’s Hospital,
Tis Hazari Courts, Delhi.
Ishant Singh,
Nurse,
St. Stephen’s Hospital,
Tis Hazari Courts, Delhi.
........Appellant
Vs
Sh. Devi Charan,
S/o Sh. Het Ram,
R/o A-74/4, Mandoli Extension,
Shahdara,
Delhi-110093.
.......Respondent
CORAM
Salma Noor, Presiding Member
N P Kaushik, Member (Judicial)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
NP KAUSHIK, MEMBER (JUDICIAL)
1. Shri Uddyam Mukherjee, Counsel for the Appellant has placed on record the latest ordersheet of the District Forum, North, Tis Hazari, Delhi showing that the matter is now listed for 9.7.14.
2. Vide orders dated 19.11.2013, the following orders was passed by the Ld. District Forum:
“OP/E not filed. Case be fixed for filing written submission by complainant on 11.12.2013.”
3. On 10.2.2014, the District Forum concerned passed the following orders:
“An application has been moved for setting aside ex-parte
order dated 19.11.2013. However, in Rajeev Hitendra Pathak and Ors. Vs. Achyut Kashinath Karekar and Anr. and M.O.H. Leathers Vs. United Commercial Bank, (Civil Appeal Nos. 4307 of 2007 and 8155 of 2001) decided on 19.08.2011, 2011 (9) SCALE 287 Hon’ble Supreme Court has held that District Consumer Forum has no power to restore, recall or set aside its own orders, therefore, the same cannot be exercised by it. In view of this judgement of Hon’ble Supreme Court this forum has no power to set aside the ex-parte order passed against the O.P. Application is, therefore, dismissed. Written submissions have already been filed by complainant. Counsel for the O.P. seeks time to file written submission. Case be fixed for filing written submission by O.P. on 31.03.2014.”
4. Perusal of the above said orders shows that the District Forum did not grant any opportunity to the Appellant herein for placing on record his affidavits towards evidence for the simple reason that it did not enjoy the powers to recall its order. We are of the considered opinion that the view taken by the Ld. District Forum is erroneous in that the Appellant herein was never proceeded against ex-parte. In the absence of such an order, an opportunity to file evidence would meet the ends of justice. Appellant to place on record his affidavits towards evidence in the District Forum on the date already fixed i.e. 9.7.14. Matter is accordingly remanded back to the District Forum with the aforesaid directions.
5. Copy of this order be sent to District Forum, North, Tis Hazari, Delhi for information and to keep it on record and compliance.
