FA.No.359/2007 against CC.No.912/2006 District Consumer Forum-II, Hyderabad.

Between:

M.S.Ramaswamy, S/Aged about 70 years,

R/o.H.No.22-19, RK 37, Street No.1,

R.K.Nagar, Hyderabad – 47.

…Appellant/Complainant.

And

The Finance Manager,

C.D.R.Good Health Club,

3-6-287, Hyderabad – 500 029.

…Respondent/Counsel for the Appellant                  :  Counsel for the Respondent             : Respondent served.

QUORUM:  THE HON’BLE MR.JUSTICE D.APPA RAO, HON’BLE PRESIDENT,

SMT.M.SHREESHA

AND

SRI G.BHOOPATHI REDDY, HON’BLE MALE MEMBER.

WEDNESDAY, THE TENTH DAY OF SEPTEMBER,

TWO THOUSAND EIGHT.

Oral Order (Per

*******

Heard the learned counsel for the appellant.  Respondent called absent despite publication. 

1.         This is an appeal preferred against the order of the District Consumer Forum-II, Hyderabad dated 19.01.2007 in CC.No.912/2006 in dismissing the complaint for not taking steps nor there was any representation.

2.         It is the case of the complainant that he was entitled to Rs.40  When the notice was not served on the opposite party the District Forum ordered steps on the said date i.e. 19.01.2007 the complaint was dismissed for not taking steps. 

3.         Aggrieved by the said order, the complainant preferred this appeal stating that for the first time the matter was posted to 27.12.2006 for appearance of the opposite party and on the next date i.e. on 03.01.2007 the matter was posted for steps and from there to 19.01.2007.  On 19.01.2007 since the advocate was away on vacation on his personal work it could not be represented and the complaint was dismissed.  Naturally these matters would be represented by the advocate and that too when it was ordered for steps.  The District Forum ought to have waited till some representation is made or steps are taken.  At any rate, the complaint could not   been dismissed on the third day of adjournment, when  

4.         The above circumstances would undoubtedly show that the complainant was   The District Forum should necessarily protect the interest of consumers and not to dismiss on one ground or the other.  Therefore, the order of the District Forum is set aside and the matter is remitted back to the District Forum.  The District Forum is directed to restore the complaint to its original file and proceed further according to law.  The complainant/appellant herein is directed to appear before the District Forum on 29.09.2008 without a fresh notice being served on him.

5.         The appeal is allowed accordingly.  No costs.      

PRESIDENT               LADY MEMBER               MALE MEMBER

Dt