Karnataka

StateCommission

A/923/2019

M/s Rise Agaisnt Hunger India - Complainant(s)

Versus

M/s Blue Dart Express Ltd - Opp.Party(s)

Sathyanarayana Reddy.K

16 Feb 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 16^TH DAY OF FEBRUARY 2022

 

PRESENT

 

MR. K.B. SANGANNAVAR                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                    : MEMBER

 

Appeal No. 923/2019

 

M/s. Rise Against Hunger India 302, 3rd Cross, HRBR Layout, 1st Block, Kalyan Nagar Post, Bengaluru-560043 Rep. by its Authorised Representative Dolamani Mohaptra, (Executive Director) (By Sri. Sathyanarayana Reddy K.) V/s	……Appellant
M/s. Blue Dart Express Ltd. Connection Point, Old Airport Exit Road, Bangaluru-560017 Rep. by its Authorised Representative Jayaraj S. Kalmath, (Regional Manager)   (By Sri. R. Ravi)	..…Respondent

O R D E R

 

BY MR. K.B. SANGANNAVAR, JUDICIAL MEMBER

This is an appeal filed under Section 15 of the Consumer Protection Act, 1986. 

2. The Commission heard Learned Counsel for appellant.  We examined the impugned order dated 04.05.2019.
3. The appellant / complainant raised consumer complaint before forum below on 13.06.2018.  This complaint was admitted by the forum below in order to hold an enquiry.  Accordingly, on 18.09.2018 OP filed version.  On 17.12.2018 complainant was present before the forum and sought time to engage advocate.  On 08.02.2019 Sri. SRK, Advocate files power for complainant.  On 06.03.2019 as complainant remained absent matter adjourned to 29.03.2019 and on 29.03.2019 cost of Rs.500/- imposed on complainant and fixed the matter to receive affidavit evidence by 04.05.2019.  On 04.05.2019 impugned order came to be passed by forum below dismissing the complaint for default and non-prosecution.  It is this order which is impugned in this appeal.
4. Learned Counsel for appellant would submit that non-appearance of complainant on the date of passing of impugned order was not willful, but, for the reasons stated in this appeal.  We examined the grounds of appeal thereby found satisfied to hold that there was sufficient cause for non-appearance as on the date of impugned order.  It is therefore, it would be just and proper to restore Consumer Complaint No.998/2018 on the file of forum below to proceed with the matter on merits affording opportunity to both parties.  Accordingly, the appeal is allowed by imposing costs of Rs.2,000/- payable to Consumer Welfare Fund of forum below by the appellant/complainant.  Consequently, set aside the impugned order and directed forum below to restore C.C. No.998/2018 on the file on 02.03.2022.  The appellant/ complainant is directed to appear before District Commission/forum without fail on 02.03.2022 and the District Commission/forum is directed to issue notice to OP and decide the case in accordance with law as early as possible not later than three months from the date of receipt of this order.

 

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