NCDRC

NCDRC

CC/154/2006

S. RAJARATHNAM - Complainant(s)

Versus

THE SECRETARY, MEDICAL & HEALTH DEPARTMENT - Opp.Party(s)

IN PERSON

26 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 154 OF 2006
 
1. S. RAJARATHNAM
-
...........Complainant(s)
Versus 
1. THE SECRETARY, MEDICAL & HEALTH DEPARTMENT
-
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Complainant :
NEMO
For the Opp.Party :NEMO

Dated : 26 Sep 2013
ORDER

This is a classic case.  The complaint was filed as back as on 06.08.1999.  No Vakalatnama was attached with the complaint.  The office report filed by the Registry runs as follows:

          “It may here be submitted that prior to the year 2006 the cases received defective in nature were not being registered until the defects were removed.  However, when a large number of defective cases were pending without numbers difficulties were being faced to connect the documents filed by the parties in such defective cases.  The situation was brought to the notice of Hon’ble Mr. Justice M.B. Shah, the then President of the Commission.  His Lordship after consultation with the Hon’ble Members orally directed that all defective cases be allotted case numbers and to list such cases before the Hon’ble Bench for their disposal.

          Consequently, defective cases filed up to the year 2006 and registered in 2006, are still not in order although more than 13 years have passed in the process.  This is a clear case, where the Complainant(s)/Ld. Counsel for the Complainant (s) had chosen to remain quite, after filing the case.  However, the case is hanging fire as on date.

          The instant case was filed vide Diary No. 6647, dated 06.08.1999.  This case was processed in August, 1999 indicating certain defects in the matter and a defect notice was issued.  Thereafter, no response has come from the Complainant(s)/Ld Counsel for the Complainant(s).

          It is further submitted that on physical verification of the files, it was noticed that some cases are still pending for admission hearing.  Accordingly, a fresh defect notice / hearing notice for today has been issued to the Complainant(s)/Ld. Counsel for the Complainant(s) for their appearance and for removal of defects.  A defect notice was issued to the Complainant on 02.07.2013, and the service of the same is complete as the AD card has been received.

          Accordingly, the matter is listed before the Registrar’s Court on 21.08.2013, with this office report for suitable orders / directions in the matter please.

          Submitted please”.    

 

2.      Complainant has been served.  Case was registered in the year 2006 and it was placed before this Bench, for the first time, today, i.e. on 26.09.2013.

3.      The complainant is absent, despite service and despite second call.  Consequently, we dismiss the complaint case, in default.

4.      He is at liberty to file restoration application for restoration of this complaint.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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