Haryana

StateCommission

A/480/2016

VIJAY SINGH - Complainant(s)

Versus

THE GOYAL PIPES - Opp.Party(s)

S.K.VERMA

04 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    480 of 2016

Date of Institution:  27.05.2016

Date of Decision:    04.11.2016

 

Vijay Singh son of Shri Het Ram, resident of Magge Ki Dhani, Village Jaitsar, Suratgarh (Rajasthan).

Appellant-Complainant.

 

Versus

 

The Goyal Pipes, Plot No.34, HSIDC Hisar Road, Near Delhi Pul, Sirsa, District Sirsa through its Proprietor Tirlok Goyal.

 

Respondent-Opposite Party.

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. Sushil Kumar Verma, counsel for the appellant.

Mr. Sandeep Punchhi, counsel for the respondent.

                  

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Vijay Singh–complainant against the order dated May 03^rd, 2016 passed by District Consumer Disputes Redressal Forum, Sirsa (for short ‘District Forum’) whereby, the complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that the complainant is a resident of Village Jaitsar, Suratgarh (Rajasthan) which is 300 K.M. away from District Forum. He has engaged a counsel, who did not appear and as such, the complaint was dismissed in default.

3.      The complaint was dismissed in default because the counsel of the appellant did not appear before the District Forum. So, it cannot be said that there was negligence or a will not to pursue the complaint by the complainant. Therefore, this Commission deems it appropriate to restore the complaint. 

4.      Accordingly, the appeal is accepted and the impugned order is set-aside.  The complaint is restored to the board of District Forum for adjudication.

5.      The parties are directed to appear before the District Forum on November 21^st, 2016.

6.      Copy of this order be sent to the District Forum.

  

 

November 04th 2016

(Diwan Singh Chauhan)  Member

Nawab Singh President

D.R.