Delhi

StateCommission

A/300/2015

MR. SANCHIT SARHADI - Complainant(s)

Versus

RITNAND BALVED EDUCATION FOUNDATION & ANR. - Opp.Party(s)

17 Jul 2015

ORDER

IN THE STATE COMMISSION: DELHI

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

                                           Date of Decision: 17.07.2015

First Appeal No. 300/2015

(Arising out of the order dated 06.05.2015 passed in complaint case No. 245/14 passed by the District Consumer Disputes Redressal Forum-II, Udyog Sadan, Qutub Institutional Area, New Delhi

In the matter of:

Mr. Sanchit Sarhadi,

S/o Sh. Hukumat Rai,

R/o I-8/23, 2^nd Floor,

Sector-16 Rohini,

Delhi-110085                                                                  Appellant

 

Versus

 

1.       Ritnand Balved Education Foundation (RBEF)

          Through its President/Chairman,

          E-27, Defence Colony, New Delhi.

 

2.       Amity University

          Sector-125, Noida, Uttar Pradesh,

          Through Chancellor,

          Having Head Office at:

          E-27, Defence Colony, New Delhi.

 

3.       Monika

          Marketing Executive/Counselor,

          Amity University,

          Sector-125, Noida, Uttar Pradesh,

          Also at: Admission Office

          E-27, Defence Colony, New Delhi                            Respondents

 

CORAM

 

SH N P KAUSHIK                           -                  Member (Judicial)

SH. S.C. JAIN                              -                  Member

 

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

2.         To be referred to the reporter or not?

 

N P KAUSHIK – MEMBER (JUDICIAL)

 

JUDGEMENT

            Heard on Appeal

            Appellant has impugned the orders dated 6/5/2015 vide which the complaint of the Complainant was dismissed for non-prosecution. The Ld. District Forum in the orders impugned, observed that the Complainant had been casual in putting in appearance before the Forum.

            Contention of the Appellant is that on the date fixed i.e. 6^th May 2015, he could not reach the District Forum to appear in the case due to development of severe pain in his back. He requested his associate Ms. Archana to appear in the case but she too could not reach on time due to traffic jam.

        We have no reasons to disbelieve the contention put forth by the Ld. Counsel for the Appellant.  In the circumstances order dated 6/5/2015 passed by the District Forum-II are set aside.  Complaint filed by the Complainant is restored.

        Copy of this order be sent to the Ld. District Forum and Complainant is directed to appear before the District Forum on 5/8/2015. Ld. District Forum shall decide the matter on merits after giving notice to the OPs.

        Copy be sent to the District Forum and thereafter the file be consigned to record room.

 

 

 

(N P KAUSHIK)

MEMBER (JUDICIAL)

 

 

 

(S.C.  JAIN)

MEMBER

 

(m)