Haryana

StateCommission

A/469/2016

OM PARKASH JAIN - Complainant(s)

Versus

EMPLOYEES PROVIDENT FUND - Opp.Party(s)

BY POST

09 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    469 of 2016

Date of Institution:  19.05.2016

Date of Decision:    09.08.2016

 

 

Omkar Prasad Jain son of Sh. Padam Chand Jain, resident of RZG-91, Raj Nagar-II, Palam Colony, New Delhi.

Appellant-Complainant

 

 

Versus

 

Manager, Employees Provident Fund Organization, Regional Office, Plot No.43, Sector 44, Gugaon.

 

Respondent-Opposite Party

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

      

 

Present:     None for the appellant

                   None for the respondent

                    

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

This complainant’s appeal was received by post and is directed against the order dated May 03^rd, 2016 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Notice was issued to the respondent by registered post acknowledgment due for today but none has appeared on its behalf.

3.      The ground taken by the appellant is that due to illness, he could not appear before the District Forum and as such, the complaint was dismissed in default.  In support thereof, he has placed on record Medical & Fitness Certificate (Annexure A-1) issued by Dr. Sanjay Prasad, Prasad Clinic, Palam Colony, New Delhi. 

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

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 09.08.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK