Delhi

StateCommission

A/181/2016

MR. PRABHAKAR NARAYAN AGARWAL & ANR. - Complainant(s)

Versus

M/S LUFTHANSA GERMAN AIRLINES - Opp.Party(s)

R.P. AGARWAL

24 Aug 2016

ORDER

IN THE STATE COMMISSION

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

 

 

Date of Decision: 24.08.2016

 

 

First Appeal No.181/2016

(Arising out of the order dated 26.02.2016 passed in Complaint Case No.327 of 2014 by the District Consumer Redressal Forum(South West), New Delhi)

 

 

In the Matter of:

 

 

1. Shri Prabhakar Narayan Agarwal

 

2. Smt. Kusum Agarwal,

 

Both resident of:

 

168, North Vijay Nagar Colony,

Agra, UP.

……Appellants

 

Versus

 

 

M/s. Lufthansa German Airlines,

Terminal III, IGI Airport,

New Delhi-110037

…….Respondent

 

 

 

CORAM

 

 

Salma Noor, Member

 

 

1. Whether reporters of local newspaper be allowed to see the judgment?

2. To be referred to the reporter or not?

 

 

Salma Noor, Member

 

 

1. This is an appeal against order dated 26.02.2014 passed by the Ld. District Forum( South West), New Delhi in complaint case No. 327/2014 by which complaint of the complainant was dismissed in complainant’s default

2. I have heard, Sh. S.N. Singh, Counsel for the Appellant and Sh. Aayush Malhotra, Counsel for the respondent.
3. The contention of the appellant for non appearance before the Ld. District Forum on 26.02.2016 is that the Ld. District Forum reserved the order for pronouncement on 04.11.2015, on an application filed by the respondent/OP challenging the jurisdiction of the Ld. District Forum, however, no order was pronounced on the said date and the matter was adjourned to 19.11.2015. On 19.11.2015, the order was passed on the said application and the matter was listed for hearing on 26.11.2015. It is stated that the matter was not being shown in the cause list dated 26.11.2015. It is stated that on enquiry it was informed by the Registry of the Ld. District Forum that the matter will be taken up for hearing on 11.12.2015, however, the matter was not again shown in the cause list of 11.12.2015. Thereafter, the counsel for the appellant/complainant made various visits to the District Forum and was informed by the Registry that the file is not traceable. It is stated that counsel for the appellant/complainant also met one of the Members of the Ld. District Forum who asked him to place on record the photocopy of the entire file so that duplicate file can be created. However, when on 18.03.2016 the counsel for the appellant/complainant visited the Ld. District Forum alongwith complete photocopy of the complaint, he was informed that the file was traced out and the case has already been dismissed on 26.02.2016.  In support of his contentions, the counsel for the appellant/complainant has placed on record the copy of the print out of the cause list dated 26.11.2015, 11.12.2015  and affidavit of Shri S.N. Singh, counsel for the appellant/complainant.
4. I find no ground to disbelieve the contention of the appellant/complainant. However, after some arguments, counsel for the respondent also agreed that the matter should be remanded back to the District Forum and be heard on merits.
5. In view of the above discussion, we set aside the order dated 26.02.2016 restoring the complaint to its original stage and remand the complaint to the District Forum to decide on merits.
6. Let the parties appear before the District Forum on 24.10.2016.
7. A copy of the order be sent to District Forum as well as to both the parties free of costs as per rules.

              File be consigned to record room.

 

 

(Salma Noor)

Member