Chandigarh

StateCommission

A/135/2019

Ajay Kumar Sharma - Complainant(s)

Versus

Ola Office - Opp.Party(s)

In Person

21 Aug 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UT CHANDIGARH
 
First Appeal No. A/135/2019
( Date of Filing : 08 Jul 2019 )
(Arisen out of Order Dated 24/06/2019 in Case No. CC/621/2019 of District DF-I)
 
1. Ajay Kumar Sharma
Sh. Late Sh. Manohar Lal Sharma, R/o House No. 3018, Sector 23-D, Chandigarh
...........Appellant(s)
Versus
1. Ola Office
Plot No. 66, 3rd Floor, Industrial Area, Phase 2, Chandigarh through its Manager
2. Kanwar Pal Singh driver C/o Ola Office
Plot No. 66, 3rd Floor, Industrial Area, Phase-2, Chandigarh
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI PRESIDENT
 HON'BLE MRS. PADMA PANDEY MEMBER
 HON'BLE MR. RAJESH KUMAR ARYA MEMBER
 
For the Appellant:
Sh. Ajay Kumar Sharma, appellant in person.
 
For the Respondent:
None for the respondents.
 
Dated : 21 Aug 2019
Final Order / Judgement

ORDER

 

                  

 

                    As per office note, report qua notice sent to the respondents through ordinary post on 12.07.2019 has not yet been received.

                   The appellant/complainant has placed on record dasti notice served upon the respondents, which have been duly received by Anti Technologies Pvt. Ltd., Chandigarh. Today none is present on behalf of the respondents. Hence, the respondents are proceeded against exparte.

                   This appeal has been filed by the complainant against order dated 24.06.2019 passed by District Forum-I, UT, Chandigarh in Consumer Complaint No.621 of 2019, vide which, the said complaint was dismissed in default at the initial stage for want of appearance of the complainant and for want of non prosecution.

                   The Consumer Protection Act, 1986 is social legislation. This Act was enacted to better protect the interests of the consumers. It is one of the most progressive and comprehensive pieces of legislation and is an umbrella legislation covering all goods and services that provide for a separate three-tier quasi-judicial consumer dispute redressal machinery at the National, State & District levels and is intended to provide simple, speedy and inexpensive redressal for consumers’ grievances. The statute is a most important milestone in the consumer movement in the country, which was necessitated because of well organized sectors of manufacturers, traders and service providers, armed with knowledge of the market and manipulative skills, over attempt to exploit consumers, despite the existence of the provisions/laws protecting their interests.

                   Thus, the ultimate objection of this Act is to redress the grievances of the customers. Even if the complainant failed to appear then it is the duty of the Consumer Fora to go through the contents of the complaint and if any case is made out to proceed, then to act in accordance with the provisions of this Act.

                   Therefore, it was mandatory for the Forum to go through the contents of the complaint and if there are some merits, notice be issued to the Opposite Party instead of dismissing it in default.

                   This Commission is of the view that the impugned order is not sustainable in the eyes of law rather it is against the principle of natural justice and a fair play, as such, the same deserves to be set aside.

                   Consequently, the appeal is allowed accordingly. Impugned order is set aside.

                   The appellant/complainant is directed to appear before the concerned Forum on 05.09.2019 and the Forum will decide the case in accordance with law.

                   Certified copies of this order be sent to the parties, free of charge.

                   Complete record alongwith a certified copy of this order be sent to the concerned Forum, immediately, so as to reach there before the date fixed.

                   File be consigned to the Record Room after completion.

 
 
[HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI]
PRESIDENT
 
[HON'BLE MRS. PADMA PANDEY]
MEMBER
 
[HON'BLE MR. RAJESH KUMAR ARYA]
MEMBER

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