| First Appeal No. A/1601/2022 | | ( Date of Filing : 21 Jul 2022 ) | | (Arisen out of Order Dated 28/06/2022 in Case No. CC/376/2021 of District Bangalore 1st & Rural Additional) |
| | | | 1. Mrs.Asha S Ramanujam | | W/o H.R.Srinivas Ramanujam Aged about 54 years, R/a No.1/6, A Cross, Pipeline, Malleshwaram, Bengaluru-560 003. |
| ...........Appellant(s) | |
| Versus | | 1. M/S CARS24 Services Private Limited, | | Rep by Managing Director,A Company incorporated under Companies Act,Having its registered office atUnitech Cyber Park, Tower B,10th Sector 39, Gururgram, Haryana 122 003. | | 2. M/S CARS24 Services Private Limited, | | Rep by its Branch Head,Having its Branch office at14th Cross Road,5th Phase, Sector 6,HSR Layout, Bengaluru - 560 102. | | 3. Mr.Muthappa Relationship Manager, | | M/S CARS24 Services Private LimitedOffice at 14th Cross Road,5th Phase, Sector 6,HSR Layout, Bengaluru - 560 102. | | 4. Mr.Prajwal Krishna.P.R | | AdvocateResiding at Flat No.004, Block B,No.320, Pride Enchanta, Mysore Road, Opposite BHEL,Bengaluru, Karnataka-560 026. | | 5. M/s Govardhan Textiles | | 1528-29 Shree Mahaveer Market,2nd Floor, Nai Sarak, New Delhi-110 006 Represented by its Proprietor Mr.Ashok Kumar Aggarwal. | | 6. Mr.Benaka | | RTO Team Manager M/S CARS24 Services Pvt. Ltd.,office at 14th Cross Road, 5th Phase, Sector 6, HSR Layout,Bengaluru - 560 102. | | 7. Mr.Roshan,Manager | | M/S CARS24 Services Pvt. Ltd.,office at Sy. No.91/1, Hosur Road,Kudlu Gate, Singasandra,Bengaluru - 560 068. |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.28.07.2022 A/1601/2022 O R D E R BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER - This is an appeal filed U/s.41 of CPA 2019 by Complainant/Appellant aggrieved by the order dtd.28.06.2022 passed in CC/376/2021 on the file of Bengaluru Urban 1st Addl., & Rural District Commission.
- The Commission examined the impugned order & appeal grounds and found satisfied to dispense with issue of appeal notice.
- Commission below dismissed the complaint for non-prosecution as the Complainant has lost interest to prosecute the complaint. It is to be noted herein that, complaint came to be admitted by the Commission below only on 18.10.2021 and version came to be not filed on 30.04.2022 and the next date would be 02.06.2022. Since the Complainant and his counsel remained absent, cost of Rs.500/- was imposed and on the very next date impugned order is passed, which in our view, is not correct considering the nature of complaint. In such conclusion, Commission proceed to allow the appeal. Consequently, set aside the impugned order dtd.28.06.2022 passed in CC/376/2021 and directed the Commission below to restore CC/376/2021 on its file and give an opportunity to the Complainant to lead evidence and decide the case in accordance with law as early as possible not later than 3 months from the date of receipt of this order. The Complainant is directed to pay Rs.500/- towards Consumer Welfare Fund of the District Commission.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
