Delhi

StateCommission

A/42/2018

SURBHI GUPTA - Complainant(s)

Versus

RAMA KRISHNA MISSION MEDICAL CENTRE - Opp.Party(s)

26 Apr 2018

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

 

Date of Decision: 26.04.2018

 

First Appeal- 42/2018

(Arising out of the order dated 30.07.2015 passed by the District Forum-X, in complaint case No. 638/09)

 

 

In the Matter of:

 

Surbhi Gupta

R/o 2681, Maman Street

Pahari Dhiraj,

Delhi-110006                                                        ......... Appellant

 

 

                             Versus

 

Rama Krishna Mission Medical Centre (Paharganj),

Paharganj, New Delhi-110006                                             .......  Respondent

 

CORAM

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

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.      This is an appeal under Section 15 of the Consumer Protection Act, 1986 (in short the ‘Act’) wherein prayer is made for recalling of order dated 04.01.2018  passed by CDRF-IV, New Delhi, by which CC no. 589/15 has been dismissed for non-appearance. The aforesaid order reads as under:   

                       

  

2.      It is stated that the complaint is pending for disposal before the District Forum since 2015 and the appellant/complainant had been appearing throughout. It is further stated that on 04.01.2018 appellant/complainant was delayed by few minutes due to which the complaint was dismissed for non appearance. On the said date i.e. on 04.01.2018, the appellant/complainant gave information by way of affidavit before this commission at 01.30 pm informing the manner by which the complaint was dismissed for non-prosecution. Copy of application is placed on record.

3.      We have heard the respondent/OP. In view of reasoning given for the non appearance on time, we accept the present appeal and set aside the order dated 04.01.2018 and restore the complaint in original position. 

          Let parties be appeared before the District Forum on 25.05.2018. The District Forum shall proceed with the matter in accordance with law. Copy of the order be sent to the District Forum for compliance.  

          File be consigned to record room.

 

          (Justice Veena Birbal)

            President

 

 

 

      (Salma Noor)

                                                                             Member