Delhi

North East

MA/4/2023

ANUJ JAIN - Complainant(s)

Versus

THE CHIEF POST MASTER GENERAL - Opp.Party(s)

24 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

 MA No. 04/23 in Complaint Case No. 217/22

           

 In the matter of:

 

	Sh. Anuj Jain S/o Lt. Sh. S.C Jain R/o B-310, Manav Apartments, Plot No. 3, Sector 9, Rohini, Delhi 110085	Complainant/Applicant
	Versus
1.         2.	The Chief Post Master General Meghdoot Bhawan, Link Road, New Delhi-110001     The Post Master, Post Office Rohini, Sector 7, Rohini, Delhi-110085	Opposite Parties

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Surinder Kumar Sharma, President

1. This order shall dispose of an application u/s 40 of the CPA, 2019 for review of the order dated 13.03.23 and for restoration of the complaint.
2. This application has been moved by the Complainant for review of the order dated 13.03.23 whereby the complaint of the Complainant was dismissed for non-prosecution.  It is stated in the application that the said complaint was transferred to this Commission vide order dated 24.03.22 whereas the next date of hearing which was fixed by the District Commission North-West Shalimar Bagh was 07.10.22. On 07.10.22 the case was not listed in the District Commission North-West and after enquiry it was revealed that the case was transferred to this Commission and was listed for 13.03.23. On 13.03.23 the Complainant who is an advocate was present in a case before the Hon’ble Supreme Court. The arguments in the said case continued till   2:45 p.m. and thereafter the Complainant came to this Commission at about 4:00 p.m. he came to know that the complaint was dismissed. The Counsel for Complainant who was dealing with the case was not available as he has gone to his native place in Bihar.
3. We have already heard the parties and have perused the file. The case of the Complainant/applicant is that the case was listed before the District Commission North-West on 24.03.22 and on that day the case was adjourned for 07.10.22. On 07.10.22 on enquiry he came to know that the case has been transferred to this Commission. The perusal of the file shows that the case was received in this Commission on 23.05.22 and the notice was issued to the parties for 18.08.22. The notice was served to the Complainant on 09.07.22. The case was listed for 18.08.22 but none has appeared on behalf of the Complainant despite service of notice on 09.07.22, on the said date the Opposite Parties had appeared. The case was adjourned for 14.11.22, on the said date also none has appeared on behalf of the Complainant. If we believe the version of the Complainant that the predecessor Commission had adjourned the case for 07.10.22, the Complainant must have gone to the predecessor Commission and he must have come to know that the case has been transferred to this Commission but in the present case the Complainant did not do this. On 14.11.22 the case was adjourned for 18.01.23 and on the said date none has appeared on behalf of the Complainant the case was adjourned for 13.03.23. Even on 13.03.23 none has appeared on behalf of the Complainant and the case was dismissed for non-prosecution. The Complainant has given explanation regarding non-appearance on 13.03.23. No explanation has been given for non-appearance of the Complainant for above mentioned dates despite the fact that the notice was served to the Complainant on 09.07.22.
4. The present application has been filed by the Complainant u/s 40 of the CPA for review of the order dated 13.03.23 u/s 40 of the CPA. An order can be reviewed only if there is some error apparent on the face of record. In the present case, there is no such error apparent on the face of record.
5. In view of the above discussion, we do not see any justification for review of the order dated 13.03.23. The application is dismissed.   
6. Order announced on 24.07.23.

Copy of this order be given to Applicant/Complainant free of cost.

File be consigned to Record Room.                 

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President