Chandigarh

StateCommission

A/71/2016

Ebay India Pvt. Ltd. - Complainant(s)

Versus

Monica Bansal - Opp.Party(s)

Siddhant Kant

31 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Appeal No.	:	71 of 2016
Date of Institution	:	03.03.2016
Date of Decision	:	31.03.2016

 

 

EBAY INDIA PVT. LTD., 14^th Floor, North Block, R-Tech Park, W.E. Highway, Goregaon East, Mumbai – 400 063, India.

……Appellant/Opposite Party No.2.

Versus

1. MONICA BANSAL, House No.405, 2^nd Floor, Sector – 4, Panchkula – 134109.

….Respondent/Complainant.

2. PARAMETRIX INFO SOLUTIONS PVT. LTD., SCO No.112-113, Ground Floor, Sector 34A, Chandigarh 160022.

….Respondent/Opposite Party No.1.

3. APPLE INDIA PVT. LTD., through Director, 19 Floor, Concorde Tower C, UB City, No.24 Vital Mallya Road, Bangalore – 560001.

….Respondent/Opposite Party No.3..

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT.PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Siddhant Kant, Advocate for the applicant/appellant.

Sh. Deepak Aggarwal, Advocate for respondent No.1.

None for respondent No.2.

Sh. Rakesh Sharma, Advocate for respondent No.3.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

(ORAL)

 

            Service qua respondents No.1 and respondent No.3 is complete.

2.         Sh. Deepak Aggarwal, Advocate has put in appearance on behalf of respondent No.1 and filed his Vakalatnama, which is taken on record.

3.         Sh. Rakesh Sharma, Advocate has put in appearance on behalf of respondent No.3 and filed his memorandum of appearance, which is taken on record.

4.         Alongwith the appeal, an application for condonation of delay of 50 days as per the applicant/appellant (as per the office report 49 days), in filing the appeal, has been filed.

5.         Heard.

6.         For the reasons stated in the application, which is supported by a duly sworn affidavit and finding sufficient cause, the delay aforesaid is condoned.

7.         The application is disposed of accordingly.

8.         This appeal has been filed against the order dated 27.11.2015 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short ‘the Forum’). It is apparent, on record, that for non appearance, exparte proceedings were taken up against the appellant and respondent No.3.

9.         At the time of arguments, Counsel  for respondent No.1/complainant very fairly stated that let this order be set aside and the matter be remitted to the Forum to decide it afresh on merits after getting response from the appellant and respondent no.3.

10.        Counsel  for respondent No.3 Sh. Rakesh Sharma, Advocate also states that once the matter is going to be remanded, said respondent be also given an opportunity to plead his case before the Forum.

11.        To the prayer made, no objection has been raised by Counsel for respondent No.1/complainant.

12.        In view of the above facts, this appeal is allowed. The order under challenge is set aside. Liberty is granted to the appellant/Opposite Party No.2 and respondent No.3/Opposite Party No.3 to file their replies on or before the date fixed before the Forum.

13.        The parties/their Counsel are directed to put in appearance before the concerned Forum on 22.04.2016.

14.        It is made clear that for filing replies and evidence, no further opportunity shall be granted.

15.        We expect that the Forum will make an attempt to dispose of the matter within two months from the date the parties put in appearance before it.

16.        Order passed is subject to payment of cost of Rs.4,000/- each by the appellant/Opposite Party No.2 and respondent No.3/Opposite Party No.3 to the Counsel  for respondent No.1/complainant. The said amount be paid on the date fixed before the Forum.

17.        Certified copies of this order be sent to the parties, free of charge.

18.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

19.        File be consigned to the Record Room after completion.

Pronounced

March 31, 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 

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