Nagaland

StateCommission

RP/1/2020

Indigo Airlines - Complainant(s)

Versus

Shri Hukavi A Zhimomi - Opp.Party(s)

Alemwapang & Associates

18 Mar 2023

ORDER

Case record put up today for disposal of CMC 1/2020, also CMC 2/2020. As recorded in the court order dated 28.01.2023, it is apparent that the Complainant have been without lawyer for the past several months. On 05.11.2022, the engaged counsel for the Revisionist, White & Brief Advocates and Solicitors firm who were engaged by the Revisionist, Indigo Airlines were not paid fees. They informed the local counsels who were representing the case as proxy for White & Brief Advocates that they have withdrawn the agreement. Having pleaded as such this Commission had given the opportunity by order dated 28.01.2023 to engage a fresh counsel on the next date. However, when the matter was put up for hearing P. Anyak Phom, advocate appearing on behalf of Mr. Alemwabang, advocate and submits that some more time may be accorded since they are in the process of consultation.

Going through the history of the matter this Commission is of the view that sufficient time has been given to the Revisionist to prosecute their case and sufficient opportunities has also been accorded. The CMC 1/2020 has been filed on 21.12.2020. Two years have lapsed and the Revisionist are unable to set their house in order for a simple miscellaneous petition. To give time again would be in gross violation of the statutory provision of the Consumer Laws.

We are unable to accede to the prayer of the proxy counsel, Mr. P. Anyak Phom in the interest of the justice.

CMC 1/2020 along with CMC 2/2020 in RP 1/2020 dismissed in default for non-prosecution. Let the order be furnished to the concerned parties and also to the District Consumer Forum for necessary steps.