Delhi

StateCommission

A/368/2017

MAHAVIR PRASAD - Complainant(s)

Versus

M/S DELL INTERNATIONAL SERVICES INDIA PVT. LTD. & ANR. - Opp.Party(s)

AMIT PAUL

19 Feb 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.368/2017

(Arising out of the order dated 08.03.2017 passed in Complaint Case No.651/2016 by the District Consumer Disputes Redressal Forum –III, New Delhi)

 

 

Shri Mahavir Prasad                                                                … Appellant

 

Versus

 

M/s. Dell International Services India Pvt. Ltd. & Ors.            … Respondents

 

 

BEFORE:

Ms. Salma Noor, Member

 

 

For the Appellant :	Mr. Amit Paul, Advocate.
For the Respondent No.1 and 2 :	Mr. Ayushi Sharma, Advocate

 

 

Dated: 19^th February, 2018

 

ORDER

 

Ms. Salma Noor, Member

 

                 By way of this appeal challenge is made to the order dated 08.03.2017 passed by the District Consumer Disputes Redressal Forum (West) in CC No.651/2016 by which the complaint filed by the appellant/complainant has been dismissed for non-appearance.

                 The aforesaid order reads as under:

“Present: None for Complainant.

              Counsel for OP.

 

       Complaint passed over several times since morning. But none put in appearance on behalf of complainant. It is already 02.30 PM. No further wait is justified and possible. Complainant was not present on previous date for hearing also. It seems that complainant is not interested in prosecution of the complaint.

 

       Therefore, this forum has no option except to dismiss the complaint in default for non-prosecution. Hence the complaint is dismissed in default for non-prosecution.”

 

 

                 Initially the appeal was opposed by the respondent/OP. However, after some arguments, counsel for the respondent/OP has stated that they have no objection if the impugned order be set aside.

                 In view of the reasoning given as well as with the consent of the respondent /OP, we accept the present appeal and set aside the impugned order and restore the complaint to its original position. Appellant/complainant is warned to be cautious in future.

                 Parties to appear before District Forum on 13.04.2018.  Thereafter, the District Forum shall proceed in the matter in accordance with law.

                 A copy of this order as per the statutory requirement be forwarded to the parties free of charge and also to the concerned District Forum.  Record of District Forum be also sent back forthwith.

                 File be consigned to Record Room.

 

 

(Salma Noor)

Member