IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 10.12.2014

First Appeal – 941/2014

M/s. Shanivi Construction Pvt. Ltd.,

Office at: 306, S.G.L. Plaza,

Near D.C. Chowk, Sector-9,

Rohini, Delhi-110085.

………Appellant

Vs

M/s. Lenovo India Pvt. Ltd.,

Serns Icon Level-2,

Do Ddena Kund Village,

Mrathhalli, Outer Ring Road,

Mrathhalli Pass, K.R. Puram,

Hobli, Bangaluru-560037.

Also at:

Authorized Service Centre,

104, Vishwadeep Tower,

Distt. Centre, Janak Puri,

New Delhi.

……..Respondent

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.     Heard Shri Ajay Paul, Counsel for the appellant and Ms Rachna Bhutani Bahadur, Counsel for the Respondent No.1.

2.      The Ld. Counsel for appellant has submitted that the complaint filed by appellant/complainant in District Forum, Shalimar Bagh Delhi has been dismissed in default on 03.07.2014. 

3.      It is submitted that non-appearance on the aforesaid date was beyond the control of the Counsel for appellant/complainant.  We have gone through the reasoning given in the appeal as well as supporting affidavit annexed with the appeal.  We are satisfied that the Counsel for appellant/complainant could not appear on date fixed due to reasons beyond his control.  There is nothing on record to show that the non-appearance was intentional or deliberate.

4.      In the circumstances, we set aside the impugned order and restore the complaint to its original position.  The concerned District Forum to proceed further in the matter in accordance with law.  The parties shall appear before the District Forum, Shalimar Bagh, Delhi on 11.02.15.

5.   A copy of this order be sent to District Forum, Shalimar Bagh, Delhi for compliance.