Date of Decision: 16.09.2014

First Appeal- 535/2014

(Arising out of the order dated 26.03.14 passed in Complainant Case No. 382/2013 passed by the District Consumer Disputes Redressal Forum, N-Block, Vikas Bhawan, New Delhi)

Air India Ltd.,

Terminal-I, Palam Airport,

Behind Bus Stop,

Near Post Office,

New Delhi.

                                                                                            ….Appellant

Versus

1. Tushar Chappia,

S/o Jal Kumar Chappia,

R/o 1210 Scholarship

Irvine California-92612, USA.

1. Ms Saskshi Porwal,

W/o Tushar Chappia,

R/o 1210 Scholarship

Irvine California-92612, USA.

CORAM

Justice Veena Birbal, President

Salma Noor, Member

N P Kaushik, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

Justice Veena Birbal, President

1.                Counsel for the respondent has filed memo of appearance.  Ld. Counsel submits that he is also representing respondents/complainant before the District Forum.

2.                Counsel for the appellant submits that certified copy of the impugned order was received on 5.5.14 and thereafter the appeal was filed on 27.5.14.  As per her calculation, there is no delay in filing the appeal.

3.                Respondent has not stated anything to the contrary.  In the circumstances, application stands disposed of as being infructuous.

4.                 Heard of admission. Admit.

5.                Vide impugned order dated 26.3.14, the appellant i.e. OP before the District Forum has been proceeded ex-parte.  It is stated that the next date before District Forum is 30.10.14 for filing of ex-parte evidence of the respondents/complainant.

6.                The appeal is not opposed by the respondent except for costs.

7.                In view of the reasoning given for the non-appearance which is supported with the affidavit of appellant, the order dated 26.3.14 is set aside subject to costs of Rs. 10,000/-.  The appellant shall appear before the District Forum on the date fixed i.e. 30.10.14 and shall file written version on that date and thereafter the District Forum shall proceed with the matter in accordance to law. 

8.                The appeal stands disposed of accordingly.

9.                FDR, if any, deposited by the appellant be released after completing due formalities. 

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

consigned to Record Room.  The file requisitioned from District Forum be also sent forthwith.