Haryana

StateCommission

A/635/2015

VARUN SHARMA - Complainant(s)

Versus

OBEROI ENTERPRISES - Opp.Party(s)

IN PERSON

26 Aug 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    635 of 2015

Date of Institution:  29.07.2015

Date of Decision:   26.08.2015

 

Varun Sharma s/o Sh. Ram Kumar r/o House No.18, Mandir Wali Gali, Mahipalpur, New Delhi – 110037.

                                      Appellant-Complainant

 

Versus

 

1.      Oberoi Enterprises, A-87, Main Road, Masudpur, Vasant Kunj, New Delhi – 110070.

 

2.      B.B. Expert Center, Ground Floor, Parsvnath Arcadia, G-10, Sector 14, Old Gurgaon Road, Opposite Motorola Tower, Gurgaon - 122001.

                             Respondents-Opposite Parties

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

 

Present:     Shri Varun Sharma, appellant in person

 

 

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Varun Sharma –complainant against the order dated July 15^th, 2015 passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’),  Gurgaon, whereby, the complaint was dismissed in default.

2.      Notice was issued to the respondents by registered post acknowledgment due for today but none has appeared on their behalf.

3.         Petitioner has urged that he wrongly noted the date as July 17^th, 2015 instead of July 15^th, 2015 due to which he could not appear on the date fixed and complaint was dismissed in default. 

4.      He further urged that the impugned order be set aside and complaint be restored at its original number.

5.         It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

6.       Accordingly, the appeal is accepted and the order dated July 15^th, 2015 is set-aside.  The complaint is restored at its original number.

7.      The petitioner is directed to appear before the District Forum on September 15^th, 2015.

8.      Copy of this order be sent to the District Forum.

  

 

Announced 26.08.2015

(Urvashi Agnihotri) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK