1. Heard counsel for the petitioner.
2. The above revision has been filed against the order of the District Consumer Disputes Redressal Forum, Janakpuri, dated 09.12.2023, dismissing CC/456/2018 in default, and the order of the State Consumer Dispute Redressal Commission, dated 16.05.2024, dismissing FA/313/2024 against the aforesaid order.
3.  A perusal of the order sheet shows that, in the complaint, earlier 30.04.2021 was the date fixed, and due to Covid-19, the matter was adjourned for 05.10.2021. On 05.10.2021, the matter was adjourned for 23.03.2022 due to incomplete coram. On 23.03.2022, the case was adjourned, giving the time to the complainant to file written arguments. Thereafter, 19.09.2022, 10.03.2023 and 07.09.2023 were fixed, and next date was fixed on 09.12.2023, on which date the complaint was dismissed in default.
4. The petitioner in the appeal as well as before this commission has filed the medical certificate relating to Mr. Trilok Chand, advocate, who is the husband of the complainant as well as the advocate appearing in the case also. As per the medical report, Mr. Trilok Chand, advocate, fell ill on 13.08.2022 and admitted in the hospital, being discharged on 24.08.2022, with advice of 15 days’ rest for treatment of post-Covid complications. He was not well on 19.09.2022, therefore, nobody could appear before the District Forum on 19.09.2022, and the case was adjourned for 10.03.2023. Again, the case was adjourned for 07.09.2023, which date was declared as holiday on account of Saturday, and the case was adjourned for 09.12.2023. In the meantime, Mr. Trilok Chand suffered from liver disease. However, Mr. Trilokchand was continuously attending and taking treatment during this period. The adjourned date of 09.12.2023 was not intimated to the complainant, and therefore, nobody could appear on 09.12.2023, and the complaint was dismissed for want of prosecution. In view of the illness of the parokar as well as the advocate of the complainant, the case remained unattended on 19.09.2022 and 10.03.2023. While the adjourned date on 07.09.2023 has not been communicated. Therefore, there was sufficient cause for the non-appearance of the complainant. In such circumstances, the appeal ought to have been allowed by the State Commission, but it has been dismissed.

Order

          In the result the revision is allowed. The orders of the State Consumer Dispute Redressal Commission, Delhi, passed in FA 313/2024 and the District Consumer Disputes Redressal Forum, Janakpuri, passed in CC/456/2018, dated 09.12.2023, are set aside. The CC/456/2018 is restored to its original number. The complainant shall appear before the District Consumer Disputes Redressal Forum along with the certified copy of this order on 08.11.2024. Thereafter, the District Forum shall proceed in accordance with law and decide the complaint on merit.