Delhi

StateCommission

A/69/2017

TARUN THAKORE & ANR. - Complainant(s)

Versus

M/S SKY GYM & ANR. - Opp.Party(s)

A.C. DAVID

19 Jul 2017

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 19.07.2017

 

 

First Appeal- 69/2017

(Arising out of the order dated 09.12.2016 passed in Complaint Case No.379/2015 by the District Consumer Disputes Redressal Forum (X), New Delhi)

 

 

1.       Shri Tarun Thakore,

 

2.       Shri Varun Thakore

Both S/o Late Shri D.P. Thakore,

Both R/o 62, Darya Ganj,  

New Delhi -110002.

                       ….Appellants

 

Versus

 

1. M/s. Skyz Gym,

Maharani Bagh Cooperative Housing

Building & Welfare Society Limited,

1, Centra Avenue, Maharani Bagh,

New Delhi – 110065.

 

2. Mr. Aman Bhandari (Partner)

 

3. Smt. Bindiya Bhandari (Partner)

W/o Shri Aman Bhandari,

 

Both R/o A-34, Friends Colony (East)

New Delhi -110025.

….Respondents

 

 

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. This is an appeal under Section 15 of the Consumer Protection Act, 1986 (in short, “the Act”) wherein prayer is made for recalling of the order dated 09.12.2016 passed by the Consumer Disputes Redressal Forum (X), New Delhi (in short, “the District Forum”) in CC No.379/2015 by which the complaint filed by the complainant has been dismissed in default for non-prosecution.
2. After some arguments, counsel for the respondents states that respondents have no objection if the complaint is restored to its original number.
3. In view of the no objection given by the respondents, we accept this appeal and set aside the impugned order and restore the complaint to its original position. Appellants are warned to be cautious in future.
4. Parties are directed to appear before the District Forum on 22.08.2017. Thereafter, Ld. District Forum shall proceed further in the matter in accordance with law.
5. 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.

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member