Delhi

East Delhi

MA/103/2023

P.S. RASTOGI - Complainant(s)

Versus

THE COUNTRY INN & SUITES BY REDISSON - Opp.Party(s)

27 Jul 2023

ORDER

CC No.           :-          MA/103/2023 (In CC No. 515/2021)

Date                :-          17.07.2023

 

File taken up today as court proceedings could not be taken up on 14.07.2023 on account of flood situation in Delhi.

The matter today fixed for order on the application filed by OP to recall the order dated 23.01.2023 by which OP was proceeded ex-parte.

 

Present                       :-          Ld. Counsel for Complainant

                                                None for OP

 

File perused, arguments have already been heard. It is interalia stated in the application that matter was fixed for 23.01.2023 for filing of evidence of OP however the same could not be prepared as Counsel for OP was ill on account of certain diseases and as such evidence of the OP also could not be filed.

It is further stated that no prejudice would be caused to the complainant, if the application is allowed and order dated 23.01.2023 be recalled.

The complainant has filed detailed reply to this application taking preliminary submissions/objections that application is filed only with the sole motive to delay the proceedings. The application has been moved at belated stage i.e. almost 6 months since passing of the order dated 23.01.2023 no review application has been filed by the complainant and therefore order dated 23.01.2023 has attained finality, the present application is neither signed by OP nor the application & affidavit in support of application has been filed by OP, rather the same is only signed by Counsel and not only this, the present matter were listed many a times after 23.01.2023 on which dates the OP appeared but no such application was filed and even the previous conduct of OP is that he was not appeared regularly.

It is further submitted that a person who has been sleeping over his rights is not entitled for such a relief and further if the Counsel for OP was not keeping well then there is no supporting documents w.r.t. the ailment of the Ld. Counsel & therefore application is liable to be dismissed with cost.

On merit, contents of the preliminary objections are reiterated and it is prayed that the application of the OP be dismissed.

The Commission has perused the record. The matter was fixed for 23.01.2023 and Counsel for OP did not turn upto 2:30 p.m. and as such OP was proceeded ex-parte for the purpose of evidence and matter was fixed for 16.03.2023. None was present for OP even on 16.03.2023 and matter was adjourned for 25.04.2023 on which date Counsel for OP was present and no such application was moved rather the arguments were heard and matter was fixed for consideration on 24.05.2023 on which date the matter was adjourned for 08.06.2023 and then for 07.07.2023. The present application has been filed by OP on 05.07.2023 that too without any documents in support of the application of the alleged ailment and even otherwise the application is not signed by the OP. No reason has been explained about such delay and even otherwise the present application is not for review which had to be filed within the period 30 days from the date of passing of the order, rather this application is for setting aside ex-parte proceedings & to recall the order. As per settled principle of law this Commission otherwise does not have any power either for setting aside ex-parte proceedings or to review the order if the application is not filed within the period of 30 days. Therefore the application is dismissed.

Put up for fresh arguments on main complaint if any and for consideration on 27.07.2023.