Delhi

StateCommission

A/400/2018

MRS. SWATI ARORA - Complainant(s)

Versus

M/S ANSAL PROPERTIES & INFRASTRUCTURE LTD. - Opp.Party(s)

VIKRAM BAWEJA

15 Nov 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.400/2018

(Arising out of the order dated 18.05.2018 passed in Complaint Case No.228/2011 by the District Consumer Disputes Redressal Forum- VI, Vikas Bhawan, I.P. Estate, New Delhi-110002.)

 

 

Mrs. Swati Arora                                                                           … Appellant

                  

Versus

 

M/s. Ansal Properties & Infrastructure Ltd.                               … Respondent

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

For the Appellant:	Mr. Vikram Baweja, Counsel for the Appellant.
For the Respondent:	Mr. Robin Raju, Counsel for Respondent.

 

Dated: 15^th November, 2018

 

ORDER

 

Justice Veena Birbal, President

 

By way of this appeal prayer is made for setting aside the order dated 18.05.2018 passed by CDRF VI in Complaint Case No. 228/2011 whereby the aforesaid complaint has been dismissed for non-appearance.

          The aforesaid order reads as under:-

Date-18/05/2018

Present: None.

           Let the complainant be awaited till 2.00 P.M.

           Now it is 3.00 P.M.

Pr.-   None for the complainant.

           Counsel for the OP Sh. Adrija Mishra.

          None has appeared on behalf of the complainant despite repeated calls. File perused it is found that none appeared on behalf of the complainant from the last 05 dates. Complaint is therefore dismissed in default.

          File be consigned to Record Room.

          Initially counsel for the respondent/OP opposed the prayer made in the present appeal. However after some arguments it is stated that in the interest of justice respondent/OP has no objection if the complaint is restored to its original position.

          We have also gone through the reasoning given for non-appearance.

          In view of the reasoning given as well as consent of the respondent/OP we accept this appeal set-aside the order of 18.05.2018 and restored the complaint to its original position.

          Appellant/complainant is warned to be cautious in future.

          Let parties appear before the District Forum on 15.01.2019. Thereafter District Forum shall further proceed in the matter in accordance with law.

         Copy of the order be sent to parties as well as to District Forum for necessary information.

File be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

                  

(Salma Noor)

Member