Dated:13.02.2023

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This Appeal filed by Complainant under Section 41 of Consumer Protection Act, 2019, aggrieved by an order dated 19.01.2023, passed in CC/1193/2020 by II Additional District Consumer Disputes Redressal Commission, Bengaluru (herein after referred as District Commission and the parties arrayed as in the consumer complaint).

2. The Commission examined grounds of appeal, impugned order and heard learned counsel for appellant.  Accordingly, found satisfied to dispense with issuance of notice of this appeal to be served on respondent to avoid further delay.

3. The Commission below on 30.11.2022 after taking into account the contentions of OP, directed complainant to implead cab operator and cab owner by filing necessary application for filing necessary claim to implead cab owner and cab operator.  On 12.12.2022 complainant/appellant filed IA No.5 under Section 40 of Consumer Protection Act, 2019 seeking review of the order dated 30.11.2022.  The Commission below on 19.01.2023 rejected IA No.5 stating that there is no error apparent on the face of record to review the order dated 30.11.2022.  Aggrieved by the said order complainant/appellant preferred this appeal for setting aside the order dated 19.01.2023. It is to be noted herein that complainant/appellant filed IA No.5 to review order dated 30.11.2022 as according to complainant/appellant cab operator and cab owner are not the necessary parties to his complaint, but the Commission below inspite of disinterest shown by the complainant/appellant directed to comply the order dated 30.11.2022, is contrary to law. In our view, complaint is raised by Mr.Asif Hakeem, S/o S.K.Abdul Hakeem against OP i.e., Make My Trip (India) Pvt. Ltd. and it is up to him to choose who are his opponent to seek relief in the said complaint, since in the said complaint he has to be called a dominis litis and the Commission below cannot force the complainant/appellant to add parties in the complaint against whom he does not want to fight unless there is a compulsion of the rule of law. Thus in such view of the matter, the impugned order passed by the Commission below directing complainant to implead cab operator and cab owner has to be held contrary to law, is hereby set aside with an observation that it is within the domine of complainant/appellant to implead the parties in the complaint.  Accordingly, disposed off this appeal with a direction to Commission below to decide the complaint in accordance with law as early as possible not later than 03 months from the date of receipt of the order. 

4. Send a copy of this Order to the District Commission and parties to the appeal.

     Lady Member                       Judicial Member                                 President

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