Jharkhand

StateCommission

A/101/2014

Chumki Mallick - Complainant(s)

Versus

The Manager, Brilliant Tutorial - Opp.Party(s)

Mr. Prabhat Singh

10 Feb 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. A/101/2014
(Arisen out of Order Dated 01/07/2014 in Case No. CC/51/2013 of District Ranchi)
 
1. Chumki Mallick
237, South Office Para, P.O. & P.S.- Doranda
Ranchi
...........Appellant(s)
Versus
1. The Manager, Brilliant Tutorial
3 UGF , City centre Club Road
Ranchi
2. The Brilliant Tutorial Pvt. Ltd.
12, Masilamani Street, T Nagar, Chennai, Tamilnadu
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 HON'BLE MR. Ajit Kumar MEMBER
 
For the Appellant:
For the Respondent:
ORDER

1.         In view of proof of service filed on behalf of the appellant, service of notice on respondents is accepted as valid.  Nobody appears for the respondents.

2.        This appeal has been filed against the order dated 1.07.2014 passed in Complaint Case no. 51/2013 by Learned District Consumer Forum, Ranchi dismissing the complaint for default on the ground that the complainant was absent continuously since 8.01.2014.

3.        Learned Counsel for the appellant submitted that due to misunderstanding regarding the orders passed by Learned District Forum and due to illness of learned advocate appearing on behalf of the Appellant/Complainant steps could not be taken on the date fixed before the Learned Lower Forum.

4.        The impugned order was not passed on merit.  The explanation of the appellant is not satisfactory but in the interest of justice we are inclined to give one chance to the complainant.  Accordingly the impugned order is set aside on the condition that the complainant will pursue the Complaint Case diligently.

                        The Learned District Forum will proceed to hear the case on merit in accordance with law.  With these directions and observations this appeal is disposed off.

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MRS. Sumedha Tripathi]
MEMBER
 
[HON'BLE MR. Ajit Kumar]
MEMBER

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