Delhi

StateCommission

RP/93/2015

M/S TECHNO AUTOMOBILES PVT. LTD. - Complainant(s)

Versus

LALIT MAKHIJA & ANR. - Opp.Party(s)

11 Feb 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Decision: 11.2.2016

RP-93/2015

 

M/s Techno automobiles Pvt. Ltd.

Office at:

521 Nangli Sakrawati industrial Area

Village nangali, Behind Sai Baba Temple

Najafgarh

New Delhi-110043

 

                                                                                         ….PETITIONER

 

VERSUS

 

1. Lalit Makhija

S/o Late Sh. Ishwar dutt

R/o, House No.16/47,

Subhash Nagar

New Delhli.

 

2. M/s. Tata Motors Ltd.

(Regional Office)

Unit 305, 3^rd Floor, Tower-B, Signature Tower

National Highway 8, Sourth City-1

•  

                                                                                     ….Respondents

 

CORAM

 

Salma Noor, Member

 

1. Whether reporters of local newspaper be allowed to see the judgment?-Yes

2.  To be referred to the reporter or not?-Yes

 

 

 

 

SALMA NOOR (MEMBER)

 

1.         The order under challenge in this petition is dated 14.5.15  by which the petitioner herein i.e. OP-1 before the District Forum has been proceeded ex-parte. Version of the petitioner is that due to inadvertence Counsel of the Petitioner noted a wrong date i.e. 3.9.15. Due to this bonafied mistake, no one appeared on behalf of the petitioner on 14.5.15 before the District Forum. On 3.9.15, it came to the knowledge of the petitioner that Ld. District Forum had proceeded ex-parte against the petitioner on 14.5.15.
2.         Respondent No. 1/complainant who is present in person, initially opposed the present petition. However, after some arguments respondent states that he has no objection if the order is set aside and petitioner/OP-1 be allowed to contest the case on merits subject to payment of costs.
3.         In view of the reasoning given for non appearance as well as no objection having been given by the respondent No.1/complainant, the present revision petition is allowed and the order dated 14.5.15 is set aside. The  petitioner/OP-1 is allowed to contest the case on merits subject to payment of costs of Rs.2,000/- to respondent No.1/complainant.
4.         Let parties appears before the District Forum on 31.3.2016.
5.         On the said date, the petitioner/OP shall pay the costs of Rs.2,000/- to the respondent No.1/complainant. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.  
6.         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum – VII, Sheikh Sarai, New Delhi.
7.         File be consigned to Record Room.

 (Salma Noor)

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