Delhi

StateCommission

RP/7/2015

INDIAN OIL CORPORATION LTD. - Complainant(s)

Versus

S.N. PANIGRAHI - Opp.Party(s)

04 Feb 2015

ORDER

1.               By this appeal challenge has been made to order dated 07.11.2014 passed by the District Consumer Disputes Redressal Forum-VII, Sheikh Sarai, Phase-II, Delhi in complaint case no. 419/13. By the impugned order the appellant/OP before the District Forum has been proceeded ex-parte.

2.                  That is what brings the appellant/OP to appear before this Commission for setting aside the ex-parte order. Notice was issued to the respondent. But none appeared on behalf of the respondent despite notice.  

3.                  We have heard Sh. Sankalp Bhatt, counsel for the appellant and perused the appeal filed by the appellant/OP.

4.                 The version of the appellant’s counsel for his non appearance on 07.11.2014 before the District Forum is that his wife delivered a baby girl on 23.08.2014 by a caesarean operation and was advised bed rest for 3 months as there was some complication after the surgery. His further submission is that he was busy taking care of the mother and the child therefore he requested one of his counsels to appear before the District Forum who forgot to attend the matter. Due to this reason the case was proceeded ex-parte. Submissions of the appellant are supported by an affidavit of senior manager (Law) of the appellant company. We find no reason to disbelieve the appellant’s version.   

5.              In view of the reasoning given by the counsel for the appellant, we set aside the impugned order dated 07.11.2014, subject to cost of Rs. 5000/-.

6.                It is stated by the counsel for the appellant that the matter is listed before the District Forum on 02.03.2015. On the said date the appellant/OP shall pay the cost to the complainant/respondent herein and thereafter the District Forum shall proceed in the case in accordance with law.

                 The appeal stands disposed of accordingly.

                 Parties to appear before the District Forum-VII, Sheikh Sarai, Phase-II, Delhi on 02.03.2015.

                  Copy of this order be sent to the District Forum for information and keep it on record for compliance.

                    File be consigned to record room.