Delhi

StateCommission

A/63/2018

SHYAM SUNDER - Complainant(s)

Versus

MANOJ BHARDWAJ & ANR. - Opp.Party(s)

MUKESH KUMAR GILL

19 Mar 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.63/2018

(Arising out of the order dated 23.10.2017 passed in Complaint Case No.578/2014 by the District Consumer Disputes Redressal Forum(North West) Delhi)

 

Shri Shyam Sunder                                                                     … Appellant

 

Versus

 

Shri Manoj Bhardwaj & Anr.                                                   … Respondents

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

For the Petitioner:

Mr. Manish Kumar Gill, Advocate.

 

Dated: 19^th March, 2018

 

ORDER

 

Justice Veena Birbal, President

 

                   This is an appeal wherein is challenge is made to order dated 23.102.2017 passed by the District Consumer Disputes Redressal Forum (North West) in CC No.578/2014 whereby the aforesaid complaint has been dismissed for non-appearance.

                 Counsel for appellant/complainant submits that he has already filed evidence by way of affidavit before the District Forum and the case was at the stage of evidence by respondent/OP when it was dismissed for non-appearance. It is stated that it is the respondent/OP who has not been appearing before the District Forum on number of dates. It is stated that non-appearance on 23.10.2017 was due to serious ailment of the mother of the appellant/complainant. Further the appellant/complainant is a resident of Faridabad and due to ailment of his mother he could not appear before the District Forum. It is stated that a great prejudice shall be caused to the appellant/complainant in case the impugned order is not set aside as the appellant/complainant will be precluded from pursuing the legal remedy available to him under the law.

                 We have not issued notice to the respondent/OP as respondent/OP was not present when the impugned order was passed.

                 Considering the serious prejudice being caused to the appellant/complainant and also keeping in mind the interest of justice, we give one opportunity to the appellant/complainant to pursue his case before the District Forum. Accordingly, we accept this appeal and set aside the order dated 23.10.2017 and complaint is restored to its original number.

                 Complainant is warned to be cautious in future.

                 Complainant to appear before District Forum on 21.05.2018. District Forum before proceeding in the matter shall issue notice to the respondent/OP.

                 A copy of this order be sent to the parties free cost as per Rule and also to the concerned District Forum. Thereafter, file be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member