Date of Decision:10.10.2014

First Appeal- 375/2014

(Arising out of the order dated 07.03.2014 passed in Complainant Case No. 275/2013 passed by the District Consumer Disputes Redressal Forum, Nand Nagri, Delhi)

IN THE MATTER OF:-

Sh. Kishan Kumar

S/o Sh. Ram Pal

R/o E-57, B-259,

Sundar Nagari

Nand Nagari

Delhi-93.

                                                                                        ….Appellant

Versus

1.   M/s Pernod Ricard India Pvt. Ltd.

Manufacturing Unit

Village Haripur, Hunduja,

Dera Basi, District Sas Nagar,

Mohali, Punjab

2.    M/s Pernod Ricard India Pvt. Ltd.

Through Its Authorized Representative

Corporate Office-

Tower- A, 6^th Floor,

Global Business Park,

Gurgaon, Haryana.

3.   M/s Pernod Ricard India Pvt. Ltd.

Through Its authorized Representative

Legal Address 104, Ashoka Estate,

Bara Khamba Road, Delhi-110001.

4.      English Wine & Beer Shop

Service to be effected through

Its Prop. /owner

Shop No. 21-22, Raja Bipi Singh Market,

Sabzi Mandi, Sunder Nagari,

Nand Nagri, Delhi-93.                                                      ….Respondents

CORAM

(Justice Veena Birbal, President)

(Salma Noor, Member)

(N P Kaushik, Member Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

 (Justice Veena Birbal, President)            

1)              Admit.

2)         The appellant has challenged the order dated 29.03.2014 by which the complaint of the appellant has been dismissed for non-appearance.

3)        Appellant is handicap person. He has submitted that he was regularly appearing before the District Forum in a complaint case filed him against the OPs. However, on 03.02.2014 the appellant wrongly noted down the next date as 18.03.2014 instead of 18.02.2014. However, when he appeared on the date noted by him i.e. 18.03.2014 he come to know that the complaint has been dismissed for his non-appearance on 07.03.2014.

4)          Appellant has submitted that non-appearance was not intentional and due to bonafide mistake.

5)        In view of the reasoning given order dated 07.03.2014 is set-aside and the complaint is restored to its original position.

6)         The appellant/complainant shall appear before the District Forum on 08.12.2014 and on the said date District Forum shall issue notice to the OPs.  

7)         It is clarified that the District Forum shall not proceed further in the matter without notice being served upon OPs.

8)          Appeal stands disposed of.

10)        A copy of this order be sent to concerned District Forum.