Order Passed

Sh. Pradeep Bartwal, learned counsel for the appellant and Sh. Suresh Gautam, learned counsel for respondent No. 1 are present.  None for respondent No. 2.

Heard.

This is delay condonation application filed by the appellant to condone the delay of 218 days in filing the appeal.

Reason for delay has been explained in the accompanying affidavit to the delay condonation application, wherein it is stated that the file was misplaced and was traced on 31.05.2013 approximately after 4 years. Thereafter no notice was issued to the parties and complaint was dismissed on 20.05.2015.  No intimation was received from the learned counsel, who was appearing on behalf of the appellant. This fact is not disputed that the file was misplaced before the District Forum and was traced after a long period. 

Reason shown for causing the delay in filing the appeal is sufficient. There is no deliberate or intentional delay in filing the appeal, therefore, delay condonation application is allowed and delay of 218 days in filing the appeal is condoned.

Heard on admission.

Admit the appeal.

Heard finally.

This appeal is directed against the impugned order dated 20.05.2015 passed by the District Forum, Dehradun whereby the consumer complaint was dismissed for want of prosecution.

By perusal of the record of the District Forum, it is clear that the file was misplaced in the year 2009.  There is no order from 20.11.2009 to 31.05.2013.  It reveals from the order sheet dated 31.05.2013 that the file was received by the office clerk from Sh. Laxmi Prasad Bahuguna when he handed over the charge in the year 2013.

By perusal of the order sheet, it appears that no notice was issued either of the parties.  Therefore, learned counsel for the appellant did not appear before the District Forum and also did not contact the appellant.

In the interest of justice, we set aside the impugned order whereby the complaint was dismissed in the absence of complainant-appellant and directed the District Forum to decide the complaint after giving opportunity to the parties to file evidence as well as on merit.  Both the party shall appear before the District Forum on 25.05.2017. 

Appeal is allowed. No order as to costs.