Delhi

StateCommission

A/224/2016

KIRAN JINDAL - Complainant(s)

Versus

M/S DECENT COLONIZER PVT.LTD. - Opp.Party(s)

ANISH GUPTA

06 May 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :06.05.2016

First Appeal No. 224/2016

(Arising out of the order dated 14.3.16 passed in Complaint Case No.405/2014 passed by the District Consumer Dispute Redressal Forum-VII, Sheikh Sarai, New Delhi.)

 

In the matter of

Smt. Kiran Jindal

W/o J-2/3, J Block, MS Flats

Sector – 13, R.K. Puram,

Near Motibagh Flyover

New Delhi-11007

……Petitioner

 

 

Versus

1. M/s Decent Colonizers Pvt. Ltd.

Through it’s Managing Director,

101-112, Shokeen Plaza

Plot No. 3, Pocket-7

Sector-12, Dwarka, New Delhi-110075

 

2. M/s. Decent Colonizers Pvt. Ltd.

Sh. Avinash Singh Jawa (Director)

Through It’s Registered office

42-A, Khasra No. 41/20,

Village Nilothi Colony

Delhi-110041

 

3. M/s Decent Colonizers Pvt. Ltd.

Sh. Kali Charan (Director)

350, Nangla man Singh,

Tahsil Koil

Aligarh-202001, Uttar Pradesh

…Respondents

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

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 prayer is made for setting aside the order dated 14.3.16 passed by the Consumer Disputes Redressal Forum-VII, Sheikh Sarai (in short ‘ the Ld. District Forum) in CC No.405/14 by which the complaint of the complainant has been dismissed in default.
2.             The impugned order reads as under:-
3.  

Pr. None

Complainant has not been appearing despite several opportunities. Presence of Complainant be awaited till 2. P.M.

 

Case called out at 2.44 PM None appeared for complainant.

Hence, complaint is dismissed in default. File be consigned to record room.”

 

3.             Ld. Counsel for the appellant/complainant states that the complaint was admitted before the Ld. District Forum. However the respondents/OPs were not served before the Ld. District Forum. It is further stated that when the complaint was dismissed for non appearance even by then the respondents/OPs were not served.
4.             In view of the above submissions of the Counsel for the appellant/complainant, we are not issuing notice of the present appeal to the respondents/OPs.
5.             Ld. Counsel for the appellant/complainant submits that on 15.1.16 the Counsel for the appellant/complainant could not appear before the District forum as he had met with an accident. An affidavit of Sh. Saurav Kr, Advocate who was conducting the case before the Ld. District Forum is also filed.  It is further submitted that when the Counsel for the appellant reached on the aforesaid date before the Ld. District Forum, he was informed that the matter was adjourned and the next date of hearing had been given. Due to accident on the aforesaid date, the Counsel for the appellant was upset & shaky and in such confusion noted the wrong date of hearing i.e. 15.3.16 instead of 14.3.16.   It is submitted that in these circumstances no appearance was made before the Ld. District Forum on 14.3.16.
6.             In view of the reasoning given for non appearance as well as for effective disposal of the complaint on merits, we accept the appeal and set aside the order dated 14.3.16 and restore the complaint to its original position.
7.             Let the appellant/complainant appear before the Ld. District Forum on 12.7.2016. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
8.             It is clarified that the District Forum shall proceed further in the matter only after serving the respondents/OPs.
9.             Appeal stands disposed of accordingly.
10.             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum – VII, Sheikh Sarai, New Delhi for information.

 

File be consigned to Record Room.

 

 (Justice Veena Birbal)

President

                                                              

 

(Salma Noor)

Member

ak