Rajasthan

StateCommission

A/273/2016

M/s Surya Food & Agro Ltd. Through Authorised Signatory Aayush Shah - Complainant(s)

Versus

Kailash Chand s/o Prabhu Dayal Kumawat - Opp.Party(s)

Rajesh Kumar Sharma

05 Jul 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 273 /2016

 

M/s. Surya Food & Agro Ltd. through Managing Director D-1 Sector 2 Noida U.P.

Vs.

Kailash Kumawar r/o 249 Vivek Vihar,, New Sanganer Road, Sodala ,Jaipur & ors.

 

Date of Order 5.7.2016

 

Before:

 

Hon'ble Mr.Vinay Kumar Chawla-Presiding Member

Mr.Kailash Soyal- Member

 

Mr. Rajesh Kumar Sharma counsel for the appellant

 

BY THE STATE COMMISSION

 

This appeal has been filed against the judgment dated

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13.7.2015 passed by learned DCF Jaipur 3^rd by which the complaint was allowed .This appeal has been filed with delay of 198 days.

 

The learned counsel for the appellant has submitted that order of the learned DCF was passed ex-parte and therefore, they had no knowledge of the proceedings. They came to know about the order only when notice u/s 27 of the C.P.Act was received.

 

We have heard the learned counsel for the appellant. The notices were served to the appellant by registered post and presumption was drawn when the registered notice was not returned unserved. We think that the learned DCF has not committed any illegality in presuming that the notice has served as legally such presumption can be taken when notices are not returned. It cannot be said that appellant had not received the notice. When the notice u/s 27 of the C.P.Act were served and received on the same address by the appellant, the argument that notice of original complaint had not been received cannot be sustained. So there is no valid ground to

 

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condone the delay of 198 days. The appeal does not deserves to be admitted and is dismissed.

 

 

(Kailash Soyal) (Vinay Kumar Chawla)

Member Presiding Member

 

 

 

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