Delhi

StateCommission

A/356/2017

DHARMENDER - Complainant(s)

Versus

THRUST FIAT - Opp.Party(s)

SELF

01 Aug 2017

ORDER

Present:           Appellant in person.

 

        This is an appeal wherein challenge is made to order dated 18.05.2017 passed by the Consumer Disputes Redressal Forum, Janakpuri, Delhi in Complaint Case No. 330/16 whereby the complaint of appellant herein i.e. complainant before the Ld. District Forum has been dismissed in default for non prosecution.

        The aforesaid order reads as under:

        “Present:- None.

        Complaint passed over several times since morning. But none put in appearance on behalf of complainant. It is already 03:30 P.M. no further wait is justified and possible. Complainant was not present on 22.11.2016 and 12.01.2017. He appeared on 29.03.2017. But he is not present today also. It seems that complainant is not interested in prosecution of complaint.

        Therefore, this forum has no option except to dismiss the complaint in default for non-prosecution. Hence the complaint is dismissed in default for non-prosecution.

        Copy of order be sent to the parties as per rules. File be consigned.”

        Appellant/complainant is present in person who states that due to family emergency and death in the family he could not attend the matter before the Ld. District Forum. The necessary documents are annexed in this appeal.

        Notice of this appeal has not been issued to the respondent/OP as on the date fixed when the complaint was dismissed for non appearance, the respondent/OP was not present before the Ld. District Forum.

        Appellant/complainant also states that the complaint is about booking of the car and his amount of Rs. 25,000/- has been lying with OP which has not been returned.

        In view of the reasoning given as well as for effective disposal of the case on merits, we accept this appeal and set aside the order dated 18.05.2017 and restore the complaint to its original position.

        Appellant/complainant is warned to be cautious in future.

        Let appellant/complainant appear before the Ld. District Forum on 04.09.2017.

        The District Forum shall proceed further in the matter in accordance with law.

        A copy of this order be sent to appellant as well as to Ld. District Forum for necessary information.

        File be consigned to record room.