Delhi

StateCommission

RP/17/2016

GO AIRLINES (INDIA) LTD. & ANR. - Complainant(s)

Versus

SH. RAJAT BHARGAVA - Opp.Party(s)

MEENESH DUBEY

22 Apr 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :22.04.2016

 

Revision Petition No. 17/2016

(Arising out of the order dated 27.11.15 passed in Complaint Case No.377/2015 passed by the District Consumer Dispute Redressal Forum-VII, Sheikh Sarai, New Delhi.)

 

In the matter of

1. Go Airlines (India) Ltd.

Through its Nodal Officer/director

Go Air Terminal ID, IGIA airport,

PALAM, New Delhi-110037

 

2. Go airlines (India) Pvt. Ltd.

Through its Managing Director

1^st Floor, C-1 Wadia International Center (WIC),

Pandurang Budhkar Marg,

Worli, Mumbai 400 025

 

3. Go Airlines (India) Ltd.

Through CEO/Director

Chhatrapati Shivaji International Airport

Terminat 1-A

Mumbai-400099

 

 

……Revisionists

 

Versus

            Sh. Rajat Bhargava

            S/o Sri Anil Bhargava

            R/o H.No. 6, 3^rd Floor

            Siri Fort Road, New Delhi

…Respondent

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

 

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

2.         To be referred to the reporter or not?

 

 

Justice Veena Birbal, President

1.             By way of this petition challenge is made to order dated 27.11.15 by which the petitioner herein i.e. OP before the District Forum has been proceeded ex-parte. The impugned order reads as under:-

” Pr. Complainant in person..

                         None for OP- I, II & III

                        Report of Dasti Notice against OP-1, II & III filed by complainant.                            Presence of OP I,II & III be awaited till 2.00 p.m.”

                        “Case called out at 2.40 pm.  None appeared for OP-I, II & III. Hence,                    OP I, II & III are proceeded exparte.

                        Fixed 4.2.16 for exparte evidence.”

2.             Ld. Counsel for the respondent/complainant has appeared. After some arguments Ld. Counsel submits that respondent has no objection if the impugned order is set aside and appellant/OP be allowed to contest the case on merits subject to payment of costs.
3.             We have gone through the reasoning given in the petition for non appearance of petitioners/OPs on 27.11.15 before the Ld. District Forum. Petitioners/OPs have been able to show sufficient cause due to which they could not appear before the District Forum on 27.11.15. In view of the reasoning given as well as for effective disposal of the case on merits, we allow this petition and set aside the impugned order dated 27.11.15 by  which petitioners/OPs were proceeded ex-parte subject to payment of costs of Rs.5,000/- to respondent/complainant.
4.             The next date before the District Forum is stated to be 1.6.2016.
5.             Parties shall appear before the Ld. district Forum on the aforesaid date.
6.             It is clarified that the Petitioners/OPs shall file their written statement within 30 days from today before the District Forum and shall also pay the costs of Rs.5,000/- to the respondent/complainant. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
7.             The revision petition stands allowed.
8.             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum-VII, Sheikh Sarai, New Delhi.

            File be consigned to Record Room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member

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