State Consumer Disputes Redressal Commission
Andaman & Nicobar Islands
Port Blair
Present : Justice P.N. Sinha, President
Shri Bimal Behari Chakravarty, Member
Appeal Case No. 5 of 2008
M/S Island Sports Emporium,
Through its Power of Attorney Shri H.C. Ghosh
S/o Late B.B. Ghosh, R/o South Point, Port Blair Appellant
Vs
The Director, Directorate of Postal Services Respondent
Date : 27th day of May, 2009
JUDGMENT
This appeal is directed against order dated 19.11.08 passed by the District Consumer Disputes Redressal Forum, Andaman at Port Blair by which the District Forum rejected the application of the appellant petitioner for restoration of C.D. Case No.17 of 07.
The facts of the case, in short, is that the appellant as complainant petitioner filed C.D. Case No.17 of 07 against the respondent opposite party praying for compensation for non-delivery of speed post parcel. The said complaint was fixed for hearing on 07.11.08. As the grand father of complainant expired he was unable to attend the court on 07.11.08 and one advocate Mr.Elango was requested to take steps for adjournment. The Learned Advocate who was requested to take steps for adjournment inadvertently did not take any step and the District Forum dismissed the complaint on 07.11.08. Thereafter, the complainant filed the petition for restoration of the complaint and for setting aside the dismissal order. The District Forum by its order dated 19.11.08 dismissed the said petition for restoration, and hence, this appeal.
Mr. K.Sabir, the Learned Advocate for the appellant submitted that the complaint was fixed for hearing on 07.11.08 and there was some difficulty for the appellant to appear in the court and he himself was also unable to remain present before the District Forum. One Advocate namely Mr.Elango was requested to move the petition for adjournment. Mr.Elango due to oversight did not take any step and was absent before the District Forum and the District Forum dismissed the complaint on 07.11.08. Thereafter, on behalf of the appellant an application for restoration for the case was filed praying for setting aside the order of dismissal. The District Forum by its impugned order dated 19.11.08 rejected the said petition. Mr. K.Sabir contended that a litigant should not suffer for laches or negligence of lawyer. An opportunity should be given to appellant before the District Forum otherwise, the appellant would suffer irreparable loss.
We have duly considered the submission made by the Learned advocate for the appellant and perused the certified copy of the order dated 19.11.08 passed by the District Forum. It is settled Principal of law as well as natural justice that a litigant should not suffer for the laches or negligence of his lawyer. It is also settled in law that even in the middle of any preceding the lawyer returns the brief without intimating the client the next date of hearing resulting into dismissal of the case, the client should not suffer and an opportunity should be given to the litigant to proceed with the case. Merely that in earlier occasion the complainant was absent cannot be a ground to disbelieve his case when subsequently, in a petition the client brings it to the notice of the District Forum that failure of lawyer to take step on 07.11.08 resulted into dismissal of the complaint. In the petition for restoration it was indicated that as the lawyer who was instructed to take steps for adjournment on 07.11.08 could not take any step the complaint should be restored for hearing. We have already mentioned above that litigant should not suffer for the negligence of his lawyer. It also appears that after dismissal of the case in earlier occasion the complainant deposited proper requisites and the case was ready for hearing.
Accordingly, we find that there is merit in the appeal. Opportunity should be given to the appellant to proceed with the complaint before the District Forum as complainant. The order dated 19.11.08 as well as order dated 07.11.08 passed by the District Forum in C.D. Case No.17 of 07 are hereby set aside. The C.D. Case No.17 of 07 is restored to its file and number before the District Forum. As the matter is pending for pretty long time, we request the District Consumer Redressal Forum, Andaman at Port Blair to explore the possibilities of early hearing and disposal of the said C.D. Case. The appeal is allowed to the aforesaid extent.
The appellant must be diligent before the District Forum and should make endeavour to dispose of the case early without seeking undue adjournments. We make no order as to costs.
Send a copy of this order to the District Consumer Redressal Forum, Port Blair for information and taking necessary action.
A copy of the order be supplied to the Learned Advocate for the appellant free of cost.
