Judgment/final order

This appeal is preferred against the final order passed by Ld. DCDRF, Coochbehar vide order no 9 dated 24/3/2017. The appellant’s case in nut shell is that he has placed order of some household furniture  for purchase to the price of Rs. 32,000 from the respondent and paid the entire amount of the same on 9/11/2013 and 20/5/2013 by cash and by cheque. Thereafter he called the respondent repeatedly to supply the said furniture to his residence at Hooghly as stipulated as the respondent at the time of contract undertook to deliver the furniture at the residence of appellant at Hooghly. But the respondent deliberately disobeyed his own undertaking and had failed to consigned furniture to the address of appellant at Hooghly. The appellant/complainant in various occasions by sending letters and verbally asked the respondent to supply furniture but the respondent intentionally ignored the terms of contract of supplying furniture in the residence of the appellant/complainant. So the appellant filed the instant Consumer Complaint case no. 97 of 2016 before the Ld. D.C.D.R.F., Coochbehar. Ld. D.C.D.R.F., Coochbehar admitted the consumer complaint and issue notice upon the respondent. The opposite party appeared before the Ld. D.C.D.R.F., Coochbehar, after receiving notice and thereafter the case was dismissed for default for non-appearance of the appellant before the Ld. Forum on 24/3/2017. Being aggrieved with the order, he has preferred the instant appeal on the grounds that being as an assistant teacher of a Government School, he  was posted at Chinchura, Hooghly and the case was pending at Coochbehar which was at a far distance between his working place and the place of Ld. D.C.D.R.F., Coochbehar located at Coochbehar District and for that reason he could not take proper steps in due times and he had authorized one Sri Himadri Shekar Roy, Ld. Advocate to conduct his case, But the Advocate become seriously ill for some times and was unable to take proper steps before Ld. Forum and for that reason, the case was dismissed which caused a serious harm to the appellant who was keenly interested to proceed the complaint case but due to some unavoidable situations, he could not pursue his complaint there successfully and he files this appeal with a prayer that he should get an opportunity to pursue his consumer complaint before the Ld. D.C.D.R.F., Coochbehar  and to hear on merit point of the case. So, the prayer of the appellant is to set aside the impugned order of Ld. D.C.D.R.F., Coochbehar and to give an opportunity to the appellant so that his consumer complaint should be disposed of on merit. In this case after admission of appeal, the notice was issued to the respondent. But in spite of receiving notice, the respondent does not turn up before the Commission to hear the appeal. So, the appeal matter has been taken up for hearing in presence of the appellant and appeal is heard-on merit.

Decisions with reasons

In this case, the appellant at the time of his posting as Assistant Teacher placed order the furniture for Chinsura for his household use at Chinsura and annexure one proves the same. The Bank statement and other documents shows that the appellant has paid the prices of the furniture to the tune of rupees 31500 to the respondent. The annexure 3 speaks he repeatedly asked the respondent to deliver the furniture at his own address at Chinsura as per terms of agreement. Thereafter he waited some period for receiving furniture from the respondent but his waiting became for ever and at last appellant had lodged consumer complaint before the Ld. D.C.D.R.F., Coochbehar. Unfortunately, due to illness of his Ld. Advocate, his consumer complaint was dismissed for default. The procedures of dealing with the cases in the Forum has enunciated in the provisions of Section 13 of CP Act, 1986 where according to Sub-section 2 clause (c) of section 13 if the complainant fails to appear on the date of hearing before the District forum, the District Forum may either dismiss the complaint for default or decide it on merit. Clause C of Sub-section 2 deals with a situation when the Complainant fails to appear on the date posted for the hearing of the case and in such situation, the only option lies upon the Forum either to dismiss the case for default or decide it on merit. It is to be seen at what stage the complainant fails to appear. Here in this case the complainant has lodged the consumer complaint with necessary documents and the Ld. D.C.D.R.F., Coochbehar after hearing the complainant and after perusing the documents furnished with the complaint, was satisfied about the prima facie case of the complaint and thereafter admitted the complaint on its own merit. The notice was issued upon the OP/respondent and the said Opposite Party/respondent secured his appearance before the Ld. Forum. So, Ld. Forum had the opportunity to pass final verdict in presence of the respondent on merit. The Ld. Forum ought to have hold whether the Consumer Complaint and its supportive documents justified or not to the claim of the complaint on its own merit or the Ld. Forum had the opportunity to hold that the documentary evidences in respect of the consumer Complaint filed in this case not justified the claim of the consumer Complaint. But mere dismiss for default on that stage is extremely unacceptable on the part of the judicial body where the Consumer Protection Act as beneficial legislation has always encouraged Consumers to come before the Forum for the redressal of their grievances for  deficiency of service on the part of the seller or service providers. Therefore, the approach of Ld. Forum in the present case is unwanted as per spirit of the Consumer Protection Laws. On the other hand, the State Commission deems it fit and proper that the appellant/complainant should get an opportunity to place his grievances before the Ld. Forum in full force and Ld. Forum should dispose of this consumer dispute on merit.

Therefore, in the opinion of this Commission, the order of Ld. Forum should be interfered and deserves to be set aside. As a result the appeal succeeded.

Hence,

it is ordered

                        that the appeal be and the same Under section 15 of the Consumer Protection Act, is allowed on merit.

The order of Ld. D.C.D.R.F., Coochbehar vide order No. 9 dated 24/3/2017 in reference to Consumer complaint case No. 97 of 2016 is hereby set aside. Ld. Forum is hereby requested to give sufficient opportunity of both parties to this case to adduce evidences and to dispose of the matter on merit after hearing both sides.

A Copy of order be handed over to the appellant free of cost. He is directed to appear before Ld. D.C.D.R.F., Coochbehar, on 27/12/2018  Judgement/Final order of this Commission be sent to the Ld. D.C.D.R.F., Coochbehar for taking necessary action and to inform the respondent by notice to appear before the Ld. D.C.D.R.F. on 27/12/2018 for passing necessary order.