West Bengal

North 24 Parganas

CC/2/2019

Rajib Sahoo - Complainant(s)

Versus

Nodal Officer, Spice Jet Ltd. - Opp.Party(s)

S.Mitra

18 Jan 2019

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/2/2019
( Date of Filing : 04 Jan 2019 )
 
1. Rajib Sahoo
S/O R,Sahoo, 29, Serang Lane, P.S.-Taltala, Kol.-14
Kolkata
West Bengal
...........Complainant(s)
Versus
1. Nodal Officer, Spice Jet Ltd.
Netaji Subhas Chandra Bose International Airport, P.S.-Airport, Kol.-52
North 24 Parganas
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bankim Chandra Chattopadhyay PRESIDENT
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 HON'BLE MS. Shilpi Majumdar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 18 Jan 2019
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

C.C. No- 02/2019

 

Date of Filing:                                                                                                Date of Disposal:

14.01.2019                                                                                                       18.01.2019

 

Complainant/s:-                               Rajib Sahoo,

Son of Rameswar Sahoo

Residing at 29, Serang Lane

P.S- Taltala

Kolkata- 700014

 

=Vs=

Opposite Party/s:-                   1.       Nodal Officer

Spice Jet Limited

Haing its registered office at

Netaji Subhas Chandra Bose

International Airport,

P.S- Airport

Kolkata- 700052 and also

 

2.       Its Corporate Office at

319, UdygVihar

Phase IV, Haryana

Gurgaon- 122016

 

PRESENT     :-          Sri. Bankim Chandra Chattopadhyay………..…President.

:-          Smt. Silpi Majumder  …………………………….Member.

                       :-        Smt. Monisha Shaw …………………………………………….Member.

 

Final Order and Judgment

 

Today is fixed for admission hearing. The Ld. Counsel for the Complainant is present. It is seen by that earlier the Complainant filed Consumer Complaint being no-CC/142/2017 before the Hon’ble SCDRC. But in order no-06 dated 09.01.2018 the Hon’ble SCDRC was pleased to dismiss the said complaint for default on the ground that none was appeared on the said date on behalf of the Complainant and no cause was shown as per direction of the Hon’ble SCDRC. Thereafter on 04.01.2019 after expiry of about one year the Complainant approached before this ld. Forum by filing this complaint. As per settled law from the ld. DCDRF the party can approach before the Higher Forum/Commission, but there is no law that the party can come from the Higher Forum to the Lower Forum without obtaining any order from the Higher Forum/liberty. So as the Complainant has filed this complaint before this ld. Forum after dismissal of the same for default by the Higher Forum/Commission, hence in its present form the complaint is not maintainable.

 

 

 

Cont………………..2

 

:2:

 

 

Hence it is ordered that the consumer complaint being no-02/2019 is hereby dismissed being not maintainable. There is no order as to cost considering the facts and circumstances of the complaint.

 

However the Complainant is at liberty either to file complaint before the Hon’ble SCDRC or prefer Revision Petition before the Hon’ble NCDRC. The Complainant may seek liberty before the Hon’ble SCDRC/Hon’ble NCDRC to file the complaint before the Ld. DCDRF, if not barred otherwise.

 

The Complainant is also at liberty to get return of the petition of complaint and other related documents, as filed, from the office of this Ld. Forum by filing an application. Upon receipt of the said application the office of this Ld. Forum is hereby directed to take proper step so that the Complainant can get return the same in accordance with law without any hazards.

 

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.        

 

 

Member                                                                      Member                                 President                                                        

Dictated & Corrected by

 

 
 
[HON'BLE MR. Bankim Chandra Chattopadhyay]
PRESIDENT
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 
[HON'BLE MS. Shilpi Majumdar]
MEMBER

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