Delhi

StateCommission

A/493/2016

MANISH MODI - Complainant(s)

Versus

EICHER MOTORS LTD. & ANR. - Opp.Party(s)

ANANT BHUSHAN

12 Apr 2017

ORDER

Present:           Sh. Anant Bhushan, Counsel for the Appellant.

                        Ms. Sumitra Chaudhary, Counsel for the Respondent.

 

        The order under challenge is dated 05.05.2016 passed by the Consumer Disputes Redressal Forum, Kashmere Gate, Delhi in Complaint Case No. 264/11 by which the complaint has been dismissed for non appearance.

        The aforesaid order reads as under:

        “Case called several times. None appeared on behalf of complainant. File perused, it is found that the complainant is not appearing before the forum from the last three dates.

        Now, it is 1:30 pm., since, none appeared on behalf of the complainant. Complaint is therefore dismissed in default. File be consigned to R/R.

        Counsel for the appellant/complainant states that the complaint was filed in the year 2011 and it was at the stage of final hearing when it has been dismissed for non appearance.

        It is stated that the appellant/complainant was under the impression that his counsel had been appearing in the matter and was doing the needful and under the said impression he was not appearing before the Ld. District Forum. It is stated that the written arguments had also been filed before the Ld. District Forum.

        After some arguments, counsel for the respondents/OPs states that she has no objection if the impugned order is set aside and matter be decided on merits by the Ld. District Forum.

        In view of the reasoning given as well as no objection given, we accept this appeal and set aside the impugned order and restore the complaint to its original position.

        Appellant/complainant is warned to be cautious in future.

        The parties shall appear before the Ld. District Forum on 30.05.2017.

        The Ld. District Forum shall proceed further in the matter in accordance with law.

        A copy of the order be sent to the parties as well to Ld. District Forum for necessary information.

        File be consigned to record room.