Haryana

StateCommission

A/20/2017

ABHISHEK PURI - Complainant(s)

Versus

HOTEL SAPPHIRE - Opp.Party(s)

IN PERSON

16 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    20 of 2017

Date of Institution:  03.01.2017

Date of Decision:    16.02.2017

 

Abhishek Puri son of Sh. Vinod Puri, age 28 years, Village and Post office Jagdholi, District Yamuna Nagar.

Appellant-Complainant

 

Versus

 

Hotel Sapphire, Jagadhari through its Proprietor/Owner.

Respondent-Opposite Party

 

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

                   Mr. Balbir Singh, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

      

 

Present:     Mr. Ravi Kant, Advocate for the appellant.

                   Mr. K.D. Kaushik, Representative on behalf of the respondent-opposite party.

 

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

By filing the present appeal, Abhishek Puri-complainant has challenged the order dated November 28^th, 2016 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Learned counsel for the petitioner has urged that the complaint was fixed for hearing of arguments on the date when it was dismissed in default.

3.      Justice is the goal of jurisprudence.  It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant.  For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

5.      Accordingly, the appeal is accepted and the impugned order is set-aside subject to the conditional cost of Rs.3000/- to be paid by the appellant-complainant to the opposite party before the District Forum. The complaint is restored to the board of the District Forum for adjudication on merits.

6.      The parties are directed to appear before the District Forum on March 08^th, 2017.

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

  

 

Announced 16.02.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK