Delhi

North East

RA/4/2024

SANDEEP KUMAR - Complainant(s)

Versus

PARSHAVNATH DEVELOPERS & ORS. - Opp.Party(s)

02 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

RA. 04/24 in RBT/Complaint Case No.251/24

In the matter of:

 

	Sh. Sandeep Kumar, S/o Late N. Kumar, R/o D-168, Ashok Vihar, Phase 1, North West, Delhi 110052	Complainant
	Versus
1.         2.	Parsvnath Developers Ltd., Parsvnath Tower, Near Shahdara Metro Station, Shahdara, Delhi 110032   Director of Parsvnath Developers Ltd., Present Add: Parsvnath Tower, Near Shahdara, Delhi 110032	Opposite Parties

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

 

ORDER

 

Surinder Kumar Sharma, President

1. This order shall dispose off an application u/s 397 Cr.P.C for setting aside the order dated 08.05.2024 whereby the Hon'ble Court has pleased to dismissed the petition in default for non-appearance of Applicant/Plaintiff. This application has been filed by the Complainant. We have heard the Ld. Counsel for the Complainant and have perused the file. This application has been moved under section 397 Cr.P.C. It is important to be noted that the provisions of Cr.P.C do not apply in the consumer complaints. However, the application is being considered in the interest of justice.
2. The case of the Applicant/Complainant is that the case was earlier pending in the East District Commission and thereafter it was transferred to this Commission. It was revealed from enquiry that next date of hearing was 09.09.2024. It is stated that on 29.04.2024 and 08.05.2024 no one could appear on behalf of the Complainant and therefore the complaint was dismissed.
3. The perusal of the file shows that this case was transferred to this Commission and the same was listed here on 22.04.2024. On that day none has appeared on behalf of the Complainant and the matter was listed for 29.04.2024.  On 29.04.2024 none has appeared on behalf of the Complainant and the matter was adjourned for 08.05.2024 and on that date also none has appeared for the Complainant and the case was dismissed for non-prosecution. The perusal of the file shows that the case was first time taken up for hearing before the East District Commission on 06.10.2023 and on that date the Counsel for the Complainant has appeared there. Thereafter, the Complainant or his Counsel did not appear before the East District Commission nor before this Commission for the three consecutive dates. The perusal of the file shows that the Counsel for the Complainant has appeared only on one date i.e. on 06.10.2023 and thereafter no one has appeared before East District Commission or before this Commission. No explanation has been given for such a long absence. Therefore, we do not see any merit in the application and the same is dismissed.
4. Order announced on 02.08.2024.  

                    Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

(Adarsh Nain)		(Surinder Kumar Sharma)
(Member)		(President)