Delhi

StateCommission

RP/72/2015

SONY INDIA PVT. LTD. - Complainant(s)

Versus

SUDHIR NAUDIYAL - Opp.Party(s)

07 Oct 2015

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :7.10.2015

Revision Petition No. 72/15.

(Setting aside the order dated 6.8.2014 passed in Complaint Case No.61/15 passed by the District Consumer Dispute Redressal Forum-II, Qutub Institutional Area, New Delhi)

In the matter of

Sony India Pvt. Ltd.

A-31, Mohan Corporative Industrial Estate

New Delhi-110044.

 

 

……Petitioner

 

Versus

 

Sudhir Naudiyal

S/o Late B.D. naudiyal

R/o B-7, MCD Officer’s Flats, R-Block

Greater Kailash-1

New Delhi-110048

•  

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

O.P. Gupta, Member (Judicial)

 

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, challenge has been made to order dated 6.8.2014 by which the appellant herein i.e. OP before the District Forum have been proceeded ex-parte.
2.        Counsel for the petitioner has stated that on 6.8.14, there were two matter of the Counsel, one in CDRF-X and another in CDRF-II. It is stated that after finishing matter in CDRF X, when the Counsel reached CDRF-II by that time the appellant/OP had already proceeded ex-parte by the Ld. District Forum.
3.        There is an affidavit of the AR of the petitioner. Petitioner Counsel has also filed relevant page of her court diary in support of the stand taken.
4.        Respondent/complainant was present in person and has not opposed the prayer made in the petition set aside excepts for costs.
5.        In view of the reasoning given for non appearance which is supported with the affidavit of the AR of the petitioner as well as no objection having been given by the respondent/complainant, we allow the present petition and  set aside the order dated 6.8.2014 and allow the petitioner/OP to contest the complaint subject to costs of Rs.2,000/-.
6.        The next date before the District Forum is stated to be 12.10.2015.    On the said date, the petitioner/OP shall appear before the District Forum and file its written version and shall pay the costs of Rs.2,000/- to the respondent/complainant. 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 concerned District Forum.

 

File be consigned to Record Room.

 

      

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member

 

 

(O.P. Gupta)

Member (Judicial)

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