Rajasthan

StateCommission

A/327/2021

Rajnigandha Verma - Complainant(s)

Versus

M/S Ansal Properties - Opp.Party(s)

Ashish Joshi

27 Jan 2022

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

 

FIRST APPEAL NO: 327/2021

 

Rajnigandha Verma w/o Sh.Rakesh Verma r/o 199-200 Officers Campus Extension, Sirsi Road, Jaipur.

Vs.

M/s. Ansal Properties and Infrastructures Ltd., 4^th floor, Mayank Trade Centre, Station Road, Jaipur. New Address- Ansal Sushant City-1, First floor, Tulip Block, Sushant City-1, Munchwa, Kalwar Road, Rajasthan 303706 & ors.

 

Date of Order 27.1.2022

 

Before:

Hon'ble Mr. Justice Banwari Lal Sharma-President

Hon'ble Mrs. Shobha Singh -Member

 

Ms. Aashish Joshi learned counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MR. JUSTICE BANWARI LAL SHARMA, PRESIDENT )

2

 

Present appeal is preferred by the appellant complainant assailing the impugned order dated 4.9.2019 passed by the learned DCC Jaipur 1^st Jaipur in Complaint Case No. 517/2014 ( Smt.Rajnigandha Verma Vs. M/s. Ansal Properties and Infrastructures Ltd. & ors.) whereby the learned DCC dismissed the complaint of appellant complainant in non-presence.

 

Notice of appeal was issued to respondent opposite parties but even after service no one appeared on behalf of respondents opposite parties.

 

We have heard Ms. Aashish Joshi learned counsel appearing on behalf of appellant complainant through VC and perused the impugned order.

 

Ms. Joshi learned counsel appearing on behalf of appellant complainant submits that before the learned DCC Sh.S.S.Modi, advocate was representing the appellant complainant who expired on 10.8.2019 and learned advocate Sh. Modi instructed the complainant that he will attend the

 

3

 

case. The complainant was not aware about the death of Sh. Modi on the aforesaid date. Before his death he was suffering from some ailment and was bedridden therefore, he could not attend the previous dates also. Therefore, the absence of appellant was due to it which should be exempted and the matter may be restored.

 

We have considered the submissions made by the learned counsel and perused the impugned order.

 

The absence of complainant and her counsel was due to death of counsel Sh. S.S.Modi and this fact has not been rebutted by the opposite parties. Considering the aforesaid facts and circumstances the appeal is allowed and the impugned order dated 4.9.2019 is quashed and set aside and original complaint is restored on its original number and learned DCC is directed that after restoring the complaint on original number after hearing the parties decide the complaint on merits.

 

Record of learned DCC be returned forthwith. Parties

 

4

 

are directed to appear before learned DCC on 14.2.2022. Office is directed to ensure that record of learned DCC be reached before the aforesaid date.

 

(Shobha Singh) (Banwari Lal Sharma)

Member President

 

nm