Delhi

StateCommission

A/226/2017

AMIT KUMAR RAI - Complainant(s)

Versus

SUPERTECH LTD. - Opp.Party(s)

SELF

11 Aug 2017

ORDER

IN THE STATE COMMISSION: DELHI

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

 

Date of Decision: 11.08.2017

 

First Appeal No- 226/2017

(Arising out of the order dated 28.03.2017 passed by the Consumer Disputes Redressal Forum, X, New Delhi in Complaint Case No. 443/2013)

 

 

        In the Matter of:

 

                Sh. Amit Kumar Rai

        S/o Sh. Subhash Rai,

        R/o F-161, Room No. 13-14,

        Third Floor, Katwariasarai,

        New Delhi-110016

               

 

……Appellant     Versus         Supertech Ltd. Through its Director, Having Its Registered Office at 1114, Hemkunt Chamber 89, Nehru Place, New Delhi-110019                                                                            …….Respondent

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

       

        In this appeal prayer is made for recalling of order dated 28.03.2017 passed by the Consumer Disputes Redressal Forum-X, New Delhi in complaint case No. 443/2013 by which the complaint filed by the appellant herein has been dismissed.

        The aforesaid order reads as under:

 

        “Complainant has not been filing rejoinder evidence for last many dates (Three times), hence the complaint is dismissed. File be consigned to record room. Copy of order may be given dasti.”

 

        Appellant/complainant who is appearing in person states that he had been pursuing his case before the Ld. District Forum very diligently. Appellant/complainant states that due to family emergency he could not file rejoinder and evidence.

        It is stated that appellant/complainant is in a private job and it was not possible to him to attend each and every hearing.

        It is stated that on the date fixed he could not contact his counsel due to personal difficulties as his father-in-law had expired on 20.03.2017 and he had to go to his native place.

        It is stated that due to said reason no appearance could be made before the District Forum.

        Considering that the important right of appellant/complainant is involved and appellant/complainant has shown sufficient cause doe to which he could not do the needful before the Ld. District Forum.

 

We, therefore, accept this appeal and set aside the impugned order and remand back the case to Ld. District Forum.

        Let the appellant/complainant appear before the District Forum on 11.09.2017. The Ld. District Forum shall give an opportunity to appellant/complainant to file rejoinder and evidence by way of affidavit.

        Thereafter, the District Forum shall proceed further in the matter in accordance with law.

        A copy of this order be sent to the parties as well as to Ld. District Forum for necessary information.

        File be consigned to record room. 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member