Delhi

North East

CC/41/2021

Deepika Rathore - Complainant(s)

Versus

Excitel Broadband Pvt. ltd. - Opp.Party(s)

25 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.41/21

In the matter of:

 

	Ms. Deepika Rathore, 35-D Pocket, DDA Flats, West Gorakh Park, Shahdara, Delhi-110032	Complainant/Applicant
	Versus
1.           2.	Excitel Broadband Pvt. Ltd., Plot No. 48, Second Floor, Okhla Industrial Estate, Phase 111, South Delhi Delhi 110020   Cable TV Service 1/9990 Gali No. 3F Near Hanuman Mandir, West Gorakh Park Shahdara Delhi-110032	Opposite Parties

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

                                                                  ORDER

Surinder Kumar Sharma, President

1. This order shall dispose off an application dated 20.01.2023 filed on behalf of the Complainant for restoration of the complaint.
2. Reply to the application was filed on behalf of the Opposite Party No. 1 wherein the application has been opposed being without any merit. We have heard the Ld. Counsel for the Complainant and Counsel for the Opposite Party No. 1. The case of the Applicant/Complainant is that the Counsel for the Complainant was admitted in City Hospital, Gokalpuri from 13.09.2022 to 17.09.2022. Earlier he was admitted in the said hospital from 18.05.2022 to 24.05.2022. It is stated that the absence of the Complainant or her counsel was not intentional and therefore the complaint may be restored.
3. The perusal of the file shows that the complaint was dismissed for non-prosecution on 17.11.2022. The case of the Complainant is that her advocate was admitted in the hospital from 18.05.2022 to 24.05.2022 and again from 13.09.22 to 17.09.22. There is nothing on record to show that after 17.09.2022 the Counsel for the Applicant/Complainant was not well or that he was not attended his court work. In the application no reason has been assigned as to why the Complainant did not appear for a considerable long time. The complaint was dismissed for non-prosecution on 17.11.2022 and as per the case of the Complainant; her Counsel was not well till 17.09.2022. Even after 17.09.2022, the Complainant or her Counsel did not bother to appear in the court. Under these circumstances, we did not find any merit in the application and the same is dismissed.

         Copy of this order be given to the Parties free of cost

File be consigned to Record Room

(Anil Kumar Bamba)                Member

(Surinder Kumar Sharma)              President