Delhi

StateCommission

A/68/2016

MADHU UPPAL - Complainant(s)

Versus

M/S AMUL TAAZA MILKY MILK - Opp.Party(s)

RAJIV K TIWARI

07 Sep 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

Date of Decision: 7.9.2016

 

First Appeal No.-68/2016

 

Ms. Madhu Uppal

W/o Mr. Satinder Nath Uppal

R/o C-3/2 Rajouri Garden

New Delhi-110027

 

                                                                                         ….Appellant

 

 

VERSUS

 

1. M/s. Amul Taaza Milky Milk

Gujarat Coop. Milk Marketing

FEDN Lt., Anand -308001

 

2. Sharma Store

Retailer of respondent No.1

G-20/1, Rajouri Garden

New Delhi-110027

                                                                                     ….Respondents

 

CORAM

 

N P Kaushik, Member (Judicial)

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 appeal is dated 7.1.16 passed by the Ld. District Forum-III, Janak Puri in CC No.182/14 whereby the complainant of the appellant before the District Forum was dismissed in complainant’s default. Version of the appellant for non appearing before the Hon’ble District Forum is that the said case was fixed on 23.11.15 and on the said date next date noted by the appellant/complainant is 12.1.16. Contention of the appellant/complainant is that on 12.1.16 when she appeared before the District Forum, her case was not in the cause list. On enquiry appellant/complainant found that the case was adjourned to 7.1.16 and due to non appearance the case was dismissed in default. Thereafter the appellant/complainant applied for certified copy of the order dated 7.1.16 and the same was supplied to the appellant/complainant on 3.2.16 wherein it came to the notice of the appellant/complainant that the complaint was dismissed in default. Version of the appellant is supported by her own affidavit.
2.             We have heard the Counsel for the parties and perused the record itself.
3.             We find no reason to disbelieve the version given by the appellant/complainant for her non appearance before the Ld. District Forum which is supported by the affidavit of the appellant.
4.             In view of the reasoning given by the appellant for non appearance and no objection given by the respondent /OP as well as for effective disposal of the complaint on merits, we accept the appeal and set aside the order dated 7.1.16 and restore the complaint to its original position.
5.             Parties to appear before the District Forum on 16.9.2016. Thereafter, the Ld. District Forum shall proceed further in the matter in accordance with 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 – III, Janak Puri, New Delhi.
7.             File be consigned to Record Room.

(N P Kaushik)

Member (Judicial)

 

 (Salma Noor)​