Chandigarh

StateCommission

A/119/2018

Health Sanctuary Pvt. Ltd. - Complainant(s)

Versus

Sania Marwaha - Opp.Party(s)

Shobit Phutela, Adv.

06 Aug 2018

ORDER

This appeal has been filed against order dated 23.05.2016 passed by District Consumer Disputes  Redressal Forum-II, UT, Chandigarh (in short “the Forum” only) allowing Consumer Complaint No.671 of 2015 filed by the respondent/complainant granting following relief to her :-

“7]       In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in rendering proper service to the complainant. Hence, the present complaint of the Complainant is allowed qua OPs. The Opposite parties are jointly & severally directed as under:-

[a]      To refund an amount of Rs.1,29,500/- to the complainant, along with interest at the rate of 9% p.a. from the date of filing of the complaint;

 [b]      To pay Rs.25,000/- to the complainant as consolidated amount of compensation for causing her mental agony and harassment on account of deficiency in service.

[c]     To pay Rs.10,000/- towards litigation expenses to the complainant.”

                   The aforesaid awarded amount was to be paid in a time bound manner, failing which, it was to entail penal consequences.

                   In this appeal, on 15.05.2018, following order was passed by this Commission :-

                        “As per office report, record of the District Forum has been received.

                   Alongwith the appeal, an application for condonation of delay of 685 days, in filing the appeal, has been filed.

          Subject to deposit of an amount of Rs.1,70,000/- by the applicant/appellant with this Commission within seven days from today, which will be kept in FDR for the time being, notice of motion for condonation of delay only be issued to the respondents for 26.06.2018.

          Party outside the tricity be served through registered A.D. Cover.

                   Dasti notice be also given to the Counsel for the appellant for the service of the respondents situated within tricity.

                   Certified copy of this order be given dasti to the Counsel for the applicant/appellant.”

                   It is necessary to mention here that the appeal is barred by time i.e. delay of 685 days in filing the appeal. Taking note of above fact and realizing plight of the respondent/complainant in getting her grievance redressed, we directed the appellant to deposit an amount of Rs.1,70,000/- as a pre-condition for issuance of notice. Needful was to be done within seven days from that date. However, it was not done. The matter was adjourned to 26.06.2018, on which date, on request, again further time of seven days was granted to do the needful. There is no compliance to the order passed.

                   Today, in Court, Counsel for the applicant/appellant has failed to make any commitment as and when the appellant will deposit the said amount with this Commission.

                   In view of above, this appeal is ordered to be dismissed on the ground aforesaid and also being barred by time.

                   Certified copies of this order be sent to the parties, free of charge.