BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY
THURSDAY, the 9th day of November, 2017
FIRST APPPEAL No. 17/2017
A.Aroumougame,
S/o Arikrishnan,
No.Blank, New Street,
Pavazha Nagar, Puducherry. ………… Appellant
Vs.
1. M/s Maruti Suzuki India Limited,
Palam, Gurgaon Road,
Gurgaon, Haryana.
2. Mr.Pankaj Narula,
Executive Officer (Service),
Palam, Gurgaon Road,
Gurgaon, Haryana.
3. The General Manager,
Shenbaka Cars Pvt. Ltd.,
Maruti Service Station,
Villupuram Main Road,
Moolakulam, Puducherry. ………… Respondents
(On appeal against the order passed in C.C.No.42/2015, dt.16.06.2017 by District Forum, Puducherry)
C.C.No.42/2015
A.Aroumougame,
S/o Arikrishnan,
No.Blank, New Street,
Pavazha Nagar, Puducherry. ………… Complainant
Vs.
1. M/s Maruti Suzuki India Limited,
Palam, Gurgaon Road,
Gurgaon, Haryana.
2. Mr.Pankaj Narula,
Executive Officer (Service),
Palam, Gurgaon Road,
Gurgaon, Haryana.
3. The General Manager,
Shenbaka Cars Pvt. Ltd.,
Maruti Service Station,
Villupuram Main Road,
Moolakulam, Puducherry. ………… Opposite Parties
BEFORE:
HON’BLE THIRU JUSTICE K.VENKATARAMAN,
PRESIDENT
THIRU. S.TIROUGNANASSAMBANDANE,
MEMBER
FOR THE APPELLANT:
Tvl. V.Venkatesan, V.K.Thilipan Kumar &
J.Egmbaram,
Advocates, Puducherry.
FOR THE RESPONDENTS:
Tvl.P.Chandrasekaran, N.Baptiste Augustine,
B.Vasanthakumar & P.Karthika
Advocates, Puducherry - for respondents 1 & 2
Mrs.B.Sudha, Advocate, Puducherry – for R3.
O R D E R
This appeal is directed against the order of the District Consumer Disputes Redressal Forum, Puducherry, dated 16.06.2017 made in C.C.42/2015.
2. The complainant before the District Forum is the appellant herein and the opposite parties therein are the respondents.
3. The parties are referred to in the same position as they have been referred before the District Forum for the sake of convenience.
4. The District Forum has dismissed the complaint solely on the ground that the complainant was called absent and that he is not interested in pursuing the case in the further proceedings.
5. We have gone through the records. In normal circumstances, we cannot find fault with the order of the District Forum, since if the complainant has not availed the opportunity, the District Forum has no other option, but to dismiss the complaint. In the grounds of appeal, however, it is pleaded that the complaint was called on 22.5.2017 instead of 22.06.2017, on which date the matter has been posted. In such event, the complainant cannot be faulted for his absence on 22.05.2017. This fact has not been taken note of by the District Forum while finding that the complainant remained absent on 22.05.2017. Therefore, the order passed by the District Forum is liable to be set-aside and accordingly set aside.
6. The matter is remitted to the District Forum, Puducherry and the parties shall appear before the District Forum on 29.11.2017 without fail. The District Forum is directed to take up the matter on file and dispose of the same in accordance with law at the earliest in any event within six months from the date of receipt of this order.
Dated this the 9th day of November, 2017
(Justice. K.VENKATARAMAN)
PRESIDENT
(S.TIROUGNANASSAMBANDANE)
MEMBER
