Delhi

StateCommission

A/372/2015

ARUN KUMAR AGGARWAL - Complainant(s)

Versus

M/S BIG JO'S ESTATE LTD. - Opp.Party(s)

24 Aug 2015

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :24.8.2015

First Appeal No.372/15

 

ARUN KUMAR AGGARWAL

S/O SH U.C. AGGARWAL

RESIDENT OF PD-57-A,

DDA LIG FLATS, PITAM PURA

DELHI-110034

……Appellant

 

Versus

M/s. BIG JOS ESTATE LIMITED

THROUGH ITS MANAGING DIRECTOR

HAVING OFFICE AT D-2, SOUTH EXTENSION

PART-II, NEW DELHI-110049

 

.…Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

O P Gupta, Member (Judicial)

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

2.       To be referred to the reporter or not?

 

 

Justice Veena Birbal, President

 

1. In this appeal, challenge has been made to order dated 11.5.15  by which the complaint of the appellant herein i.e. complainant before the District Forum has been dismissed in default.
2. Ld. Counsel for the appellant submits that a fresh complaint was filed by appellant/complainant on 21.4.15 which was listed for consideration before the District Forum on 27.4.15. However due to inadvertence the Counsel noted the date as 29.4.15.  When the appellant went to attend the hearing on 29.4.15, the matter was not in the cause list.  Thereafter, appellant made enquiries.  In that process few days had elapsed.   On 21.7.15 appellant/complainant had come to know that complaint had been dismissed in default on 11.5.2015. It is submitted that due to wrong noting of date on 21.4.15 the appellant could not appear on 27.4.15 and 11.5.15. Ld. Counsel for the appellant submits that the notice of the complaint was not issued to the respondent/OP before the District Forum.
3. Considering the reasoning given we are satisfied that appellant/complainant had sufficient cause due to which appellant/complainant could not appear before the District Forum on 11.5.15.
4. In view of the reasoning given for non appearance, we set aside the order dated 11.5.15 and restore the complaint to its original position.
5. Appeal stands disposed of accordingly.
6. Appellant/complainant to appear before the District Forum on 20.10.2015.
7. The District Forum shall proceed further in the matter in accordance with the law.
8. We may clarify that we have not issued notice of appeal to the respondent/OP as no notice of complaint was issued to the respondent/OP before the District Forum.
9. File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member

 

(O.P. Gupta)
Member (Judicial)