Delhi

StateCommission

A/335/2019

SH. SANJEEV KUMAR KULSHRESHTHA - Complainant(s)

Versus

M/S PARSVNATH DEVELOPERS LTD. - Opp.Party(s)

NARENDER SINGH

06 Aug 2019

ORDER

THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.335/2019

(Arising out of the order dated 11.09.2018 passed in Complaint Case No.208/2007 by the District Consumer Disputes Redressal Forum-VI, New Delhi)

 

 

Sh. Sanjeev Kumar Kulshreshtha                                                  … Appellant

 

 

Versus

 

M/s Parsvnath Developers Limited                                               … Respondent

 

 

BEFORE:

Ms. Salma Noor, Presiding Member

 

For the Appellant:	Mr. Dharmendra Vashsishtha, Counsel for Appellant.
For the Respondent	Mr. T.P. Chauhan, Counsel for Respondent.

 

 

Dated: 6^th August, 2019

 

ORDER

 

Ms. Salma Noor, Presiding Member

 

                 This is an appeal under Section 15 of the Consumer Protection Act wherein challenge is made to order dated 11.09.2018 passed by the Consumer Disputes Redressal Forum VI, New Delhi in CC No.208/2007 by which the complaint filed by the appellant herein i.e. the complainant before District Forum has been dismissed in default for his non-appearance.

                 It is stated that on 16.04.2018 after addressing arguments the appellant/complainant prayed to the District Forum that his complaint was pending for more than 11 years during which he has already addressed final arguments three times since 08.03.2013 and requested the Ld. District Forum that the complaint may be decided on the basis of the pleadings. It is stated that appellant/complainant was asked by the Ld. Member of the District Forum to sign on the margin of the order sheet. After which he left the District Forum expecting that his complaint is reserved for orders. It is stated that on 13.01.2019 when he checked the status of his complaint he came to know that his complaint was dismissed in default. Thereafter he moved an application seeking certified copy of the entire file including order sheets and the pleadings.

                 It is stated that after receiving the copy of the file when the appellant/complainant checked the order sheets, he was shocked to see that in the order sheet on which his signatures were taken there was no mention of his submissions that written arguments have already been filed and present on record which he had shown to the ld. Member of the Forum and on a separate order sheet in which his presence was not marked the next date of hearing was given i.e. 24.05.2018.

                 It is stated that thereafter showing the appellant/complainant absent for two dates i.e. 24.05.2018 and 11.09.2018 his complaint was dismissed in default despite the fact that he has already addressed the final arguments.

                 I have perused the order sheets and find that on 16.04.2018 part arguments were heard and parties were directed to file the written arguments. However the appellant/complainant refused to appear before the District Forum on the ground that he has already addressed the arguments. At this stage counsel for respondent/OP states that respondent/OP has no objection if the impugned order is set aside and appellant/complainant is allowed to contest the case on merits.

                 Accordingly, in view of the consent given by the counsel for respondent/OP impugned order is set aside and complaint is restored to its original position.

                 Appellant/complainant is warned to be cautious in future.

                 Parties are directed to appear before the District Forum on 16.10.2019. Thereafter, ld. District Forum, shall proceed further 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. 

                 File be consigned to Record Room.

 

 

 

(Salma Noor)

Presiding Member