Delhi

StateCommission

A/446/2017

S.C. SHARMA - Complainant(s)

Versus

THE M.D. M/S ANSAL HOUSING & CONSTRUCTION LTD. & ANR. - Opp.Party(s)

ALKA SHARMA

17 May 2018

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

First Appeal No.446/2017

(Arising out of the order dated 26.05.2017 passed in Complaint Case No.204/2014 by the District Consumer Disputes Redressal Forum(VI), New  Delhi

 

 

Shri S.C. Sharma                                                                     … Appellant

 

Versus

 

M/s. Ansal Housing & Construction Ltd. & Anr.                     … Respondents

 

 

BEFORE:

Justice Veena Birbal, President

 

For the Appellant:	Ms. Alka Sharma, Advocate.
For the Respondent

 

 

Dated: 17^th May, 2018

 

ORDER

 

Justice Veena Birbal, President

 

                 By way of this petition prayer is made for recalling of the order dated 26.05.2017 passed by the Consumer Disputes Redressal Forum (VI), New Delhi in CC No.204/2014 by which the complaint filed by the appellant herein i.e. the complainant before District Forum has been dismissed for non-appearance.

                 After entering appearance respondents have not filed reply to the appeal nor any one appeared on behalf of the respondents.

                 It is stated that due to heavy pendency before the District Forum the matters were adjourned on 08.12.2016 and it was stated that the next date will informed. However, no court notice was received for hearing. On 26.05.2016 the matter was taken up. It is stated that on the said the matter was dismissed for non-appearance. It is stated that the case was at the stage of final hearing when it was dismissed for non-appearance.

                 In view of the reasoning given which is supported with the affidavit of appellant/complainant and keeping in mind the interest of justice as well as for effective disposal of the case on merits, we accept this appeal, set aside the impugned order and restore the complaint to its original position.

                 Parties to appear before the District Forum on 27.07.2018. It is clarified that in case no one appear for the respondents; the District Forum shall issue notice to the respondent and thereafter shall proceed further in accordance with law.

                   A copy of this order as per the statutory requirement be forwarded to the parties free of charge and also to the concerned District Forum. 

                 File be consigned to Record Room.

 

 

(Justice Veena Birbal)

President