Delhi

StateCommission

RP/69/2016

AMAZON SELLER SERVICES PVT. LTD. - Complainant(s)

Versus

SHIVRAM GOPAL IYER - Opp.Party(s)

ANKIT

22 Jul 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 22.07.2016

 

Revision Petition No.69/2016

(Arising out of the order dated 24.02.2016 passed in Complaint Case No.848/2014 by the District Consumer Redressal Forum (East) New Delhi)

 

 

In the matter of:

 

Amazon Seller Services Pvt. Ltd.

8^th Floor, Brigade Gateway,

26/1, Dr. Raj Kumar Road,

Bangalore - 5600055

Through its Authorized Representative                   ....Petitioner

 

Versus

 

1. Dr. Shivram Gopal Iyer

R/o M-601, Dharma Apartment,

Patparganj, IP Extension, Plot No.2.

Delhi.

 

2. Cart2 India Online Retail Pvt. Ltd.,

2^nd Floor, No.12, Sanjeevappa Layout,

10^th E-Cross, Nagvarapalya,

CV Raman Nagar, Ward No.83.

Bangalore – 560093.                          ...Respondents

 

CORAM

 

Justice Veena Birbal, President.

Ms. 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. In this revision petition prayed is made for setting aside order dated 24.02.2016 by which the right of the petitioner/OP No.1 for filing the written statement has been closed.
2. Counsel for the petitioner submits that copy of the complaint was received by the petitioner/OP No.1 on 25.01.2016. It is stated that petitioner/OP No.1 was to file its written statement on 24.02.2016, however, the same was not ready as certain additional documents were to be collected by the petitioner. It is stated that counsel for the petitioner/OP No.1 had appeared before the District Forum on 24.02.2016, and sought adjournment of 02 days for filing the written statement, however, the same was rejected by the Ld. District Forum and closed the right of the petitioner/OP No.1 to file its written statement.
3. It is stated that the Ld. District Forum could have given extended time of 15 days to the petitioner/OP No.1 for filing written statement. It is stated that the written statement is ready.
4. Respondent is present in person. Respondent states that he has no objection if the impugned order is set aside and petitioner/OP No.1 is given chance to file written statement subject to costs.
5. In this case, Ld. District Forum could have given extended time of 15 days to the petitioner/OP No.1 as provided under Section 13(2)(a) of the Act for filing written statement when petitioner/OP No.1 had given justified reasons for not filing the written statement within 30 days.
6. In these circumstances, as well as, no objection given by the respondent/complainant, we allow the revision petition and give opportunity to petitioner/OP No.1 to file written statement today itself, as the matter is listed before the District Forum today i.e. 22.07.2016. The petition is allowed subject to payment of costs of Rs.5,000/- to respondent/complainant.
7. The petition stands disposed of accordingly.
8. Copy of this order be given to the parties and be also sent to the Ld. District Forum(East) for information and keeping it on record for compliance

          File be consigned to Record Room.

 

 

 

(Justice Veena Birbal)

•  

 

(Salma Noor)

Member