Date of Decision:13.12.2013
First Appeal No.2012/379
(Arising out of Order dated 01.06.2011 passed by the District Consumer Forum(New Delhi) M-Block, Vikas Bhawan, Delhi in Complaint Case No.1401/2010)
The D.R.M., …. Appellant /Opposite Party
Northern Railways Through Mr. S.A. Sattar,
New Delhi Railway Station, Advocate.
New Delhi.
Versus
Sh. Vinod Sharma ….. Respondent/Complainant
E-21, DDA Colony through Mr. Sidharth Banthia,
New Delhi -18 advocate.
CORAM
Justice Barkat Ali Zaidi … President
Ms. Salma Noor … Member
Sh. N P Kaushik … Member(Judicial)
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi , President
1. In a complaint case bearing No.1401/2010 filed by the complainant against the appellant/OP before District Forum(New Delhi), the Forum decreed the claim of the complainant vide order dated 01.06.2011.
2. That is what brings the appellant/OP in this appeal before this Commission.
3. We have heard Sh. S.A. Sattar, counsel for the appellant, and Sh. Sidharth Banthia, Counsel for the respondent in this appeal.
4. A perusal of the record unravels that the District Forum was not justified in holding service of the notice on the OP vide order dated 21.04.2011 as the record does not contain any such proof of service. Consequence is, therefore, that the Forum proceeded to pass an ex-parte judgment against the OP without proper service on him and without giving them a proper opportunity of hearing.
5. Contention of the counsel for the respondent that the appellant has not challenged order of the Forum on the ground that they were not served with the notice and no proper opportunity was given to contest the case, has no merits for the simple reason that an order passed without giving the OP proper and effective opportunity of hearing in absence of proper service on the OP is bad in law and is not sustainable.
6. The order of the Forum cannot, therefore, be sustained. Appeal allowed. Order dated 01.06.2011 passed by the District Forum is set aside and case is sent back to the District Forum(New Delhi) with a direction that it will give sufficient opportunity to the OP to file a written version and will then proceed to decide the case according to law.
7. Parties through their counsel are directed to appear before District Forum on 17.01.2014.
8. A copy of this order be provided to the counsel for the parties, and a copy of this order be sent to District Forum-VI to place it on the record of the complaint case No.1401/2010 and for information and compliance. The file be consigned thereafter to Record room.
Announced on 13th day of December 2013.
