Haryana

StateCommission

A/945/2017

RAHUL - Complainant(s)

Versus

DR. VIJAY DIWAKAR - Opp.Party(s)

ASHWANI GAUR

07 Dec 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    945 of 2017

Date of Institution:  08.08.2017

Date of Decision:    07.12.2017

 

Rahul son of late Shri Devender, resident of Village Kaderpur, Gurgaon, now resident of Village Siyana, District Mahendergarh.

 

Appellant-Complainant

 

Versus

 

Dr. Vijay Diwakar, Shivam Hospital, Sector 30, Gurgaon.

 

Respondent-Opposite Party

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

                   Shri Diwan Singh Chauhan, Member.

      

Present:     Shri Kunal Garg, proxy counsel for Shri Ashwani Gaur, counsel for the appellant.

Shri Subhash Chand, counsel for the respondent.

 

                                      

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

The instant appeal has been filed by Rahul–complainant against the order dated January 21^st, 2016 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby complaint was dismissed in default.

2.      Learned counsel for the appellant-complainant has urged that due to untimely death of father of complainant, the complainant could not appear on January 21^st, 2016 before the District Forum and the complaint was dismissed in default.    

3.      He further urged that the impugned order be set aside and complaint be restored at its original number.

4.      Be that as it may, without delving deeper, this Commission deems it appropriate to restore the complaint.  The appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of District Forum for adjudication.

5.      The District Forum is directed to issue notice to the parties and shall proceed in accordance with law.

6.      Copy of this order be sent to the District Forum.

  

         

Announced 07.12.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)