Delhi

StateCommission

RP/49/2016

AGGARWAL PACKERS & MOVERS - Complainant(s)

Versus

SMITA AGARWAL & ANR - Opp.Party(s)

05 Apr 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

 

Date of Decision: 05.04.2016

 

 

Revision Petition No.49/2016

(Arising out of the order dated 18.12.2015 passed in Complaint Case No.324/2015 by the District Consumer Redressal Forum (North-East), Nand Nagari, Delhi)

 

In the matter of:

 

Agarwal Packers & Moves (P) Ltd.,

Plot No.1, Aggarwal Floor,

Local Shopping Centre, Shahdara Niketan,

Opp. Crescent  Public School,

Puram Pura, Delhi-110034.

                              …..........Petitioner

 

 

Versus

 

1. Ms. Smita Agarwal,

R/o 13-B, Road, Northern Town,

Jamshedpur.

 

2. M/s. DRS Dilip Roadlines Pvt. Ltd.,

2^nd Floor, 100 Ft. Main Road,

New Delhi.

                                                ….….....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 prayer is made for setting aside order dated 14.12.2015 passed by the Consumer District Redressal Forum (in short “the District Forum”) in Consumer Complaint No.324/2015, by which the petitioner herein i.e. OP No.1 before the District Forum has been proceeded ex-parte.
2. We have gone through the impugned order dated 18.12.2015 by which the petitioner/OP No.1 was proceeded ex-parte by the District Forum. Perusal of the said order shows that the petitioner/OP No.1 had appeared late on the aforesaid date and by that time the Ld. District Forum had already proceeded ex-parte against the petitioner/OP No.1.
3. It is stated that the case is at the stage of filing of evidence by the respondent No.1/complainant.
4. After some arguments, counsel for respondent No.1/complainant states that he has no objection if subject to payment of costs the impugned order dated 18.12.2015 passed against the petitioner/OP No.1 is set aside. 
5. Considering the reasoning given as well as no objection given by the respondent No.1/complainant, we allow the present revision petition and set aside the impugned order subject to costs of Rs.2,000/-.
6. It is stated that next date before the District Forum is 18.04.2016. On the said date the parties shall appear before District Forum and the petitioner/OP No.1 shall file its written statement and shall also pay costs to the respondent No.1/complainant. Thereafter, the Ld. District Forum shall proceed further in the matter in accordance with law.
7. The petition stands disposed of.
8. Copy of this order be sent to the District Forum(North East) for information and keeping it on record for compliance

           File be consigned to Record Room.

 

 

(Justice Veena Birbal)

•  

 

 

(Salma Noor)

Member