ORAL
A/1101/2023
Ram Chandra (deceased) , 1/1 Sona alias Shiv Kumari and others V/s Indian Railway Catering & Tourism Corporation Limited and another
10-07-2023
BY MR. JUSTICE ASHOK KUMAR, PRESIDENT
ORDER
The instant appeal has been filed by the appellant (deceased) and his legal heirs against the impugned order passed by the learned District Consumer Commission, Jaunpur dated 29-04-2023 passed in Misc. Case No. 13/2021 by which the learned District Consumer Commission has rejected the recall application filed by the appellant for recalling the exparte order dated 30-04-2021 by which order the Complaint Case No. 124/2015 has been dismissed on account of non-prosecution.
Heard Counsel for the appellant Miss. Sunamika Mishra and perused the order passed in Complaint Case No. 124/2015 dated 30-04-2021. An exparte order has been passed dismissing the complaint as well as Misc. Case No. 13/2021 dated 29-04-2023. In my opinion an opportunity of being heard be provided for the ends of justice as the complainant has died during the pendency of the complaint and his legal heirs are representing to him before the District Consumer Commission.
Without going into the merits of the case the instant appeal is finally disposed of by directing the District Consumer Commission to restore the Complaint Case No. 124/2015 to its original number and provide an opportunity to the respective parties and decide the complaint on merits without unnecessarily allowing any adjournment to any of the parties preferably within a period of six months from today. The orders dated 30-04-2021 and 29-04-2023 are hereby set aside.
The certified copy of this order will be placed by the complainant/legal heirs before the District Consumer Commission, Jaunpur within two weeks from today.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
( JUSTICE ASHOK KUMAR )
PRESIDENT
Pnt.
