ORAL
State Consumer Disputes Redressal Commission
U.P., Lucknow.
Appeal No. 1480 of 2018
M/s Uttam Singh & Sons Ice & Cold Storage,
Sultanpur, Tehsil Sadar, Zila, Sultanpur through
Partner Daljeet Singh s/o Uttam Singh ….Appellant.
Versus
1- Hausila Prasad s/o Ram Baran
2- Chintamani s/o Ram Baran
R/o Roopinagar, Pargana, Baraunsa, Tehsil
Sadar, Zila Sultanpur. ….Respondents.
Present:-
Hon’ble Justice Mr. Akhtar Husain Khan, President.
Mr. Sheetla Prasad Tripathi, Advocate for appellant.
Mr. Ravi Rawat, Advocate for respondents.
Date: 14.10.2019
JUDGMENT
This is an appeal filed under section 15 of the Consumer Protection Act, 1986 against judgment and order dated 16.3.2018 passed by District Consumer Forum, Sultanpur in complaint no.485 of 1997, Hausila Prasad & anr. vs. M/s Uttam Singh & Sons Ice & Cold Storage, Sultanpur whereby District Consumer Forum allowed complaint and passed following order in Hindi:-
“ परिवादीगण का परिवाद विपक्षी के विरूद्व स्वीकार किया जाता है1 विपक्षी को आदेश दिया जाता है कि वह इस आदेश के पारित होने की तिथि से एक माह के अन्दर परिवादी को आलू की कीमत 3/- रू0 प्रति किलो की दर से 50 कुन्तल को रू015000/- होता है, एंव क्षतिपूर्ति के रूप में 3000/- रू0 व वाद व्यय के रूप में 2000/- रू0 अदा करें। उक्त सम्पूर्ण धनराशि पर 9 प्रतिशत ब्याज आदेश की तिथि से भुगतान की तिथि तक अदा करना होगा।”
Feeling aggrieved by the order passed by District Consumer Forum opposite party of complaint has filed this appeal.
Ld. Counsel Mr. Sheetla Prasad Tripathi appeared for appellant.
Ld. Counsel Mr. Ravi Rawat holding brief of Mr. Hemraj Mishra appeared for respondents.
I have heard ld. Counsel for the parties and gone through records of the case.
(2)
It is contended by ld. Counsel for appellant that above complaint was dismissed by District Consumer Forum vide order dated 16.7.1999 and dismissal order passed by District Consumer Forum has neither been recalled nor complaint has been restored on its original number. Therefore, impugned judgment and order dated 16.7.2018 passed by District Consumer Forum is against law and without jurisdiction.
Ld. Counsel for respondents/complainants submitted that impugned judgment and order has been passed on merits.
The District Consumer Forum has submitted report vide letter dated 16.7.2019 wherein it has been stated that above complaint was dismissed in default of complainant vide order dated 16.7.1999 passed by District Consumer Forum. Thereafter, complainant moved restoration application before District Consumer Forum which was rejected by District Consumer Forum vide order dated 21.7.2000. Again restoration application was moved by complainant on 12.9.2000. Therefore, miscellaneous case was registered on said restoration application which needs disposal but due to mistake impugned judgment and order has been passed by District Consumer Forum on merit of complaint.
In view of report submitted by District Consumer Forum, it is clear that complaint was dismissed in default of complainant vide order dated 16.7.1999 passed by District Consumer Forum and the order of dismissal passed by District Consumer Forum has not been recalled or set aside. Complaint has not been restored for hearing on merits.
In view of above, impugned judgment and order passed by District Consumer Forum in complaint is without jurisdiction and against law.
The respondents/complainants are at liberty to press restoration application moved before District Consumer Forum or to take other legal steps or to file appeal against dismissal order passed by District Consumer Forum in accordance with law.
(3)
In view of above, appeal is allowed and impugned judgment and order is set aside with liberty to respondents/complainants to press restoration application moved before District Consumer Forum or to take other legal steps or to file appeal against dismissal order dated 16.7.1999 passed by District Consumer Forum in accordance with law.
Parties shall bear their own costs in appeal.
(Justice Akhtar Husain Khan)
President
Jafri PA II
Court No.1
