Delhi

StateCommission

A/168/2016

MR. CHANDRA RATAN KHARE - Complainant(s)

Versus

M/S MATRIX CELLULAR (INTERNATIONAL) SERVICER LTD. & ANR. - Opp.Party(s)

06 Apr 2016

ORDER

IN THE STATE COMMISSION: Delhi

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

 

Date of Decision: 06.04.2016

First Appeal No. 168/2016           In the Matter of:             Mr. Chandra Ratan Khare          R/o 0216, 1st Floor,          Avatar Enclave          Paschim Vihar,          Delhi-110063                                                                           ……Appellant                                                Versus     1. Mr. Shitij Malhotra Deputy Manager Sales Matrix Cellular (International) Servicer Ltd. 7, Khullar Farms Mandi Road, Mehrauli New Delhi-110030   2. Operation head Matrix Cellular (International) Servicer Ltd. 7, Khullar Farms Mandi Road, Mehrauli New Delhi-110030                                                                                                                                                               …….Respondent

R/

  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

 

        This is an appeal wherein prayer is made for setting aside order dated 08.03.2016 passed by the Consumer Disputes Redressal Forum-II (in short ‘the District Forum’) in complaint case no. 328/15 whereby the complaint has been dismissed in default.

        It is stated that a complaint u/s 12 of the Consumer Protection Act  was filed by the appellant herein i.e. complainant before the Ld. District Forum.

        It is stated that the matter was listed for consideration on 08.03.2016 and due to non appearance of the appellant/complainant and his counsel the same has been dismissed for non appearance.

        It is stated that on 08.03.2016 the counsel for the appellant/complainant was held up in another court and could not appear within time. By the time the counsel reached before the Ld. District Forum, he was come to know that the matter had been dismissed in default.

        It is stated that non appearance was neither intentional nor willful.

        There is an affidavit of the appellant also.

        We have considered the submissions made.

It may be mentioned that when complaint was dismissed for non appearance, the same was at admission stage only and due to said reason notice is not being issued to the OP.

        Further, the impugned order has serious consequences upon the appellant/complainant in as much as she will be not able to pursue her legal remedy as is available to her in law.        

        In these circumstances, we allow this appeal and set aside the impugned order dated 08.03.2016 and restore the appeal to its original position.

        Let the appellant/complainant appear before the Ld. District Forum on 19.05.2016.

 On the said date the appellant/complainant shall appear before the Ld. District Forum and the Ld. District Forum shall proceed further in the matter in accordance with law.

        A copy of this order be sent to the Ld. District Forum for necessary information.

        File be consigned to record room. 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member