Delhi

StateCommission

A/85/2015

VIDEOCON INDUSTRIES LTD. - Complainant(s)

Versus

SANJEEV SAXENA & ANR. - Opp.Party(s)

17 Aug 2015

ORDER

IN THE STATE COMMISSION DELHI
Constituted under Section 9 of the Consumer Protection Act, 1986
 
First Appeal No. A/85/2015
(Arisen out of Order Dated in Case No. CC/549/2010 of District South West)
 
1. VIDEOCON INDUSTRIES LTD.
296, UDYOG VIHAR, PHASE-II, GURGAON-122015, HARYANA.
...........Appellant(s)
Versus
1. SANJEEV SAXENA & ANR.
C/O-B-4/3035 VASANT KUNJ, N.D.-70.
2. M/S ANIL RADIO & ELECTRONIC PVT. LTD.
R/O-175, SAROJINI NAGAR MARKET 77, SAROJINI NAGAR MARKET N.D.
3. MR. KAMAL
R/O-175, SAROJINI NAGAR MARKET 77, SAROJINI NAGAR MARKET N.D.
4. MR. ANAND
R/O-175, SAROJINI NAGAR MARKET 77, SAROJINI NAGAR MARKET N.D.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. O.P.GUPTA PRESIDING MEMBER
 HONABLE MRS. Salma Noor MEMBER
 
For the Appellant:
For the Respondent:
ORDER

Present:     Sh. Vivek Srivastava & Sh. C.P. Singh, AR of the Appellant.

                Sh. Surender Goel, Counsel for the Respondent NO.-1/                     Complainant.

 

 

                Respondent No. 1 has filed reply. Copy supplied.

                The appellant was proceeded ex-parte on 29.4.11.  He moved an application for setting aside the same which was dismissed on 15.1.15 on the ground that the District Forum has no jurisdiction to setting aside the ex-parte order.

                The plea of the appellant is that he came to know about the proceedings on 13.1.15 when it appeared in another matter before the District Forum.  Interest of justice require that the party should be heard before passing any adverse orders.  The matter is stated to be pending before the District Forum on 26.8.15.

                In the interest of justice the appeal is accepted and the order dated 29.4.2011 is set aside subject to payment of Rs.3,000/- as costs.  Appellant to appear before the District Forum on 26.8.2015 the date already fixed and file its written version and pay the costs.

                Copy of this order be sent to the District Forum.

                Appeal is disposed of accordingly.

                File be consigned to record room.

 
 
[HON'BLE MR. O.P.GUPTA]
PRESIDING MEMBER
 
[HONABLE MRS. Salma Noor]
MEMBER

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