Delhi

StateCommission

RP/146/2018

APPLE INDIA PVT. LTD. - Complainant(s)

Versus

SAURABH & OTHERS - Opp.Party(s)

ANAND SHANKAR

11 Mar 2019

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Revision Petition No.146/2018

(Arising out of the order dated 03.10.2018 passed in Complaint Case No.488/2018 by the District Consumer Disputes Redressal Forum(North West), Delhi

 

 

Apple India Pvt. Ltd.                                                                 … Petitioner

 

Versus

 

Shri Saurabh & Ors.                                                               … Respondents

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

For the Petitioner:	Mr. Anand Shankar, Counsel for Petitioner.
For the Respondents	None for Respondent No.1/Complainant. Mr. Satyavir, Counsel for Respondent No.2. Ms. Sudha Kumari, Counsel for Respondent No.4.

 

 

Dated: 11^th March, 2019

 

ORDER

 

Justice Veena Birbal, President

 

                 The prayer in the present petition is for recalling of order dated 03.10.2018 passed by the Consumer Disputes Redressal Forum (North West) Delhi in CC No.488/2018, whereby the petitioner herein that is OP No.3 before the Ld. District Forum has been proceeded ex-parte.

                 As per track report respondent No.1/complainant is served. Counsel for petition states that he has already informed the respondent No.1/complainant on telephone about the date of the hearing before this Commission. However, no one has appeared on behalf of respondent No.1/complainant despite awaiting.

                 We have gone through the reasoning given for non-appearance on the aforesaid date. Averments made are supported with the affidavit of AR of petitioner/OP No.3. Counsel for petitioner/OP No.3 states that he has already filed written statement before the Ld. District Forum.

                  

                 In view of the reasoning given for non-appearance, we accept the revision petition and set aside the impugned order qua petitioner/OP No.3 i.e. Apple India Pvt. Ltd. only.

                 It is stated that next date before the District Forum is 19.03.2019. Let parties appear before the District Forum on 19.03.2019. Thereafter, District Forum shall proceed with the matter in accordance with law.

                 Revision petition stands disposed of accordingly.

                 A copy of this order be sent to the parties free of costs as per rule and also to the concerned District Forum. Thereafter, the file be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member