Delhi

StateCommission

A/970/2014

ROHIT RAWAT - Complainant(s)

Versus

NEXT RETAIL SHOP & ANR. - Opp.Party(s)

31 Oct 2014

ORDER

IN THE STATE COMMISSION DELHI
Constituted under Section 9 of the Consumer Protection Act, 1986
 
First Appeal No. A/970/2014
(Arisen out of Order Dated 10/09/2014 in Case No. Complaint Case No. CC/213/2014 of District South II)
 
1. ROHIT RAWAT
R/O D-113/A, FIRST COLONY, NEB SARAI, IGNOU ROAD, LAND MARK-R.M. FITNESS CENTRE N.D-110068.
...........Appellant(s)
Versus
1. NEXT RETAIL SHOP & ANR.
K-44, CENTRAL MARKET NEAR SONY CENTRE, LAJPAL NAGAR-II, N.D.-110024.
2. WHIRLPOOL OF INDIA LTD.
PLOT No.40, SEC-44, GURGAON-122002.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE VEENA BIRBAL PRESIDENT
 HONABLE MRS. Salma Noor MEMBER
 HON'ABLE MR. JUSTICE N.P KAUSHIK MEMBER
 
For the Appellant:
For the Respondent:
ORDER

Rohit Rawat

R/o D-113/A, First Floor,

Gate No. 4,

Freedom Fighter Colony,

Neb Sarai, Ignou Road,

Land Mark- R.M. Fitness Centre

New Delhi                                                                      …….Appellant

 

Versus

 

Next Retail Shop

K-44, Central Market

Near Sony Centre,

Lajpat Nagar-II

New Delhi-110024

(Through Proprietor)                                                        .….Respondent

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

N P Kaushik, Member (Judicial)

 

Salma Noor, Member

 

1.         This is an appeal filed against the order of the District Forum C-22/23, Qutub Institutional Area, Behind Qutub Hotel, New Delhi dated 10.09.2014 in complaint case no. 213/2014 by which the complaint of the complainant was dismissed in complainant’s default.

2.          We have heard Sh. Rajesh Kumar, counsel for the appellant in this appeal and perused the record.

3.           The version of the complainant for his non appearance before the District Forum on the date fixed is that the counsel could not timely appear before the District Forum due to sudden minor accident as such the complaint of the complainant was dismissed in default. In support of his contention the appellant has filed his own affidavit. In such circumstances, taking a lenient view, we allowed the appeal of the appellant and restore the complaint to its original number and position. The appellant/complainant shall appear before the District Forum on 17.12.2014.

5)            Copy of this order be sent to District Forum C-22/23, Qutub Institutional Area, Behind Qutub Hotel, New Delhi for information and for compliance. File be consigned to record room. 

 
 
[HON'BLE MRS. JUSTICE VEENA BIRBAL]
PRESIDENT
 
[HONABLE MRS. Salma Noor]
MEMBER
 
[HON'ABLE MR. JUSTICE N.P KAUSHIK]
MEMBER

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