Delhi

StateCommission

A/593/2015

R.N. KUMAR - Complainant(s)

Versus

M/S INDIAN RAILWAYS & ANR. - Opp.Party(s)

JOJO JOSE

31 May 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

 

Date of Decision: 31.05.2016

 

 

First Appeal No.593/2015

(Arising out of the order dated 37.08.2015 passed in Complaint Case No.241/2014 by the District Consumer Redressal Forum-VII, New Delhi)

 

In the matter of:

 

Shri R.N. Kumar,

S/o Shri B.N. Kumar,

B-12/2, Connaught Place,

New Delhi-110001.

...Appellant

 

Versus

 

1. Indian Railways,

Represented by Chairman,

Rail Bhawan, Raisina Road,

New Delhi.

 

2. The General Manager,

Northern Railways,

Baroda House,

New Delhi- 110001.

...Respondents

 

 

CORAM

 

Justice Veena Birbal, President.

Ms. 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. Aggrieved by the order dated 27.08.2015 passed by the Consumer Disputes Redresal Forum-VII in CC No.241/2014, whereby the complaint filed by the appellant has been dismissed for non-appearance, the present appeal is filed.
2. Ld. counsel for the appellant/complainant has submitted that on the aforesaid date no appearance could be made as he was held up in another court and by the time he had appeared before the District Forum, the impugned order has already been passed.
3. Sh. Kashi Prasad, Commercial Manager of the respondent is present. Nothing contrary is pointed out by him.
4. In view of the reasoning given for non-appearance as well as for effective disposal of the case on merits and in the interest of justice, we accept this appeal and set aside the impugned order dated 28.07.2015 and restore the complaint to its original position.
5. Appellant/complainant is warned to be cautious in future.
6. Let the parties appear before the District Forum on 29.07.2016. On the said date the appellant/complainant shall file his rejoinder and evidence by way of affidavit. Thereupon, the District Forum shall further proceed in the matter in accordance with law.
7. Copy of this order be given to the parties and be also sent to the Ld. District Forum-VII, for information and keeping it on record for compliance

           File be consigned to Record Room.

 

 

 

(Justice Veena Birbal)

•  

 

 

(Salma Noor)

Member

Tri