Delhi

StateCommission

RP/149/2016

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

Versus

MR. JAY CONTRACTOR & ANR. - Opp.Party(s)

07 Mar 2017

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 07.03.2017

 

 

Revision Petition No.149/2016

(Arising out of the order dated 09.04.2014 passed in Complaint Case No.42/2013 by the District Consumer Redressal Forum-III, New Delhi)

 

 

In the matter of:

 

M/s. Worldclass Automobiles Pvt. Ltd.,

68/3, Shivaji Marg, New Delhi -110015.

                       ....Petitioner

 

Versus

 

1.    Shri Jay Contractor,

       S/o. Shri Gautam Bhai Contractor,

       R/o 3/205, 2^nd Floor, Subhash Nagar,

       Ne4w Delhi– 110027.

 

2.    Volkswagen Delhi South,

       Workshop A-13, Mohan Coop. Industrial Estate,

       Mathura Road, New Delhi.

 

3.    Volkswagen Group Sales India P. Ltd.,

       3, North Avenue Level 4,

       Marker Maxity, Bandra Kulra Complex,

       Bandra (East), Mumbai – 400 052.

....Respondents

 

CORAM

Ms. Salma Noor, Member.

 

 

 

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

 

2.   To be referred to the reporter or not?

Ms. Salma Noor,

 

 

1. This is a revision petition wherein prayer is made for setting aside the order dated 14.07.2016 passed by the District Forum-III in CC No.878/2015, whereby the petitioner/OP before the Ld. District Forum has been proceeded ex-parte.
2. The aforesaid order reads as under:

 

1.  

Pr.   Proxy counsel Satyender Singh for complainant.

 

       Notice sent to OPs received served. matter is called up many times but none appeared on behalf of the OPs. It is already 2.10 PM, no further wait is possible and justified. In view of above OPs are proceeded ex-parte.

 

       Put up on 05.12.2016 for ex-parte evidence of complainant.

 

 

3. After some arguments, counsel for the respondent/complainant states that for the effective disposal of the case on merits, he has no objection, if subject to costs, the impugned order is set aside and the petitioner/OP be given chance to file written statement and to contest the case on merits.
4. With the consent of the respondent/complainant as well as for effective disposal of the case on merits, we accept this petition and set aside the order dated 14.07.2016 subject to cost of Rs.5,000/-.
5. The parties are directed to appear before the Ld. District Forum on 31.03.2017, wherein the petitioner/OP shall pay costs to the respondent/complainant and shall also file its written version. Thereafter the District Forum shall proceed further in the matter in accordance with law.
6.  The petition stands disposed of accordingly.
7. Copy of this order be given to the parties and be also sent to the District Forum-III, New Delhi for information.

           File be consigned to Record Room.

 

 (Salma Noor)

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Tri