Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This appeal has been filed by org. complainant against the dismissal order dated 25/03/2004 passed in consumer complaint No.401/2000 by District Consumer Disputes Redressal Forum, Mumbai Suburban.
2. The matter was on the sine-die list. It was placed before us on 08/08/2011. We directed the office to issue intimation to both the parties. Accordingly, on 09/09/2011 intimation was issued to both the parties. On the date of hearing both the parties remained absent. Since, this is an old matter we proceed to decide the appeal on merits.
3. The complainant had filed consumer complaint on 02/06/2000 for refund of amount. The complainant had invested an amount of `2,63,000/- with the respondent/Company of Mumbai. Company was to provide free stay in the resort affiliated by RCI India Pvt. Ltd. for 7 days in a year. The complainant/appellant had applied for a Resort at “Ooty” for 7 days. But the complainant has not given facility of stay at Ooty as promised and therefore, feeling cheated he had wanted to withdraw from the scheme and sent a letter for refund of `2,63,000/- since it was not given, he had filed consumer complaint alleging deficiency in service on the part of the respondent. However, complaint was simply dismissed on the ground that the complainant was persistently absent since 10/05/2002.
4. We are of the view that the said dismissal order passed by the District Consumer Disputes Redressal Forum is bad in law and cannot be allowed to sustain in law. If the complainant was absent, the complaint should have been decided on the basis of material available on record. So, by allowing this appeal, we want to give second inning to the appellant as well as to the respondent, so that matter can be decided on merits because the stake involved in this appeal is `2,63,000/-. In the circumstances, in the interest of justice, we are inclined to allow this appeal to quash and set aside the order of dismissal of complaint for want of prosecution passed by District Consumer Disputes Redressal Forum and to remit the complaint back to the District Consumer Disputes Redressal Forum for fresh disposal. Hence, we pass the following order :-
-: ORDER :-
1. Appeal is allowed. The impugned order of dismissal of complaint passed by District Consumer Disputes Redressal Forum dated 25/03/2004 is quashed and set aside.
2. Consumer Complaint No.401/2000 is remitted back to the District Consumer Disputes Redressal Forum, Mumbai Suburban (Main Forum) for fresh disposal in accordance with the law.
3. After receiving copy of this order, District Consumer Disputes Redressal Forum shall send notice to both the parties informing next date of hearing and shall try to dispose of the complaint within three months thereafter.
4. No order as to costs.
5. Copies of the order be furnished to the parties.
Pronounced
Dated 4th October 2011.
