Delhi

StateCommission

RP/89/2016

REAL SERVCES INC. - Complainant(s)

Versus

SHIVANI SACHDEVA - Opp.Party(s)

KAPIL KUMAR

16 Aug 2016

ORDER

 IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :16.08.2016

 

Revision Petition No. 89/2016

(Arising out of the order dated 16.3.14 passed in Complaint Case No.226/12 passed by the District Consumer Dispute Redressal Forum-X, Qutub Institutional Area.)

 

In the matter of

M/s. Real Services Inc.,

Through its proprietor

Mr. Suresh Dutt Sharma,

185/A, Konark Apartment,

Kalkaji, New Delhi

……Revisionist

 

Versus

Ms. Shivani Sachdeva

D/o Late Sh. Subhash Sachdeva

R/o 20/293, 1^st floor

DDA flats, Dakhsin Puri

Dr. Ambedkar Nagar,

New Delhi-62

…Respondent

 

CORAM

Justice Veena Birbal, President

 

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.             In this petition prayer is made for setting aside the order dated 6.3.14 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 with AR

                         None for OP

It has been pointed out that the OP did not appears on the previous two dates of hearing & today also none has appeared on its behalf despite repeated calls. OP stands proceeded against ex-parte.

           

2.              Ld. Counsel for the petitioner/OP has submitted that the written statement of the petitioner/OP is already on record. It is stated that great prejudice shall be caused to petitioner/OP as it will be precluded from putting forth and substantiate its defense.

            The mother of the respondent is present. She states that she has no objection if     subject to payment of costs, the impugned order dated 6.3.14 is set aside and       petitioner/OP be given a chance to contest the case on merits.

3.             In view of reasoning given for non appearance as well as for the effective disposal of the complaint case on merits, the order dated 6.3.14 is set aside subject to payment of costs of Rs.5,000/- to respondent/complainant.
4.             The next date before the District Forum is stated to be 17.11.2016.
5.             Parties shall appear before the Ld. district Forum on the aforesaid date.
6.             On the said date Petitioner/OP shall pay the costs of Rs.10,000/- to the respondent/complainant i.e. Rs.5,000/- for condoning the delay and Rs.5,000/- for allowing present petition.  Petitioner/OP shall also file its evidence by way of affidavit on the said date. 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-X, Qutub Institution Area, New Delhi.

            File be consigned to Record Room.

 

(Justice Veena Birbal)

President