Madhya Pradesh

StateCommission

A/11/1238

M/S SHRESHTHA HOLIDAY - Complainant(s)

Versus

VIPIN KUMAR - Opp.Party(s)

27 Jun 2022

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

 

                                  FIRST APPEAL NO. 1238 OF 2011

(Arising out of order dated 01.12.2009 passed in C.C.No.55/2009 by the District Commission, Indore)

 

M/S SHRESTHA HOLIDAYS.                                                                           …          APPELLANT.

 

Versus

                 

VIPIN KUMAR.                                                                                                   …         RESPONDENT.                                     

                                   

BEFORE:

 

                  HON’BLE DR. (MRS) MONIKA MALIK    :      PRESIDING MEMBER

                  HON’BLE DR. SRIKANT PANDEY          :      MEMBER

                 HON’BLE SHRI D. K. SHRIVASTAVA    :       MEMBER 

 

                                      O R D E R

 

27.06.2022

 

           Shri Deepesh Joshi, learned counsel for the appellant.

            None for the respondent.

 

As Dr. (Mrs) Monika Malik :   

    

                       This appeal filed by the opposite party/appellant is directed against the order dated 01.12.2009 passed by the District Consumer Disputes Redressal Commission, Indore (For short ‘District Commission’) in C.C.No.55/2009 whereby the District Commission has partly allowed the complaint filed by the complainant and directed the opposite party to pay Rs.58,670/- to the complainant with interest @ 8% p.a. from 21.06.2008 till realization with another sum of Rs.4,000/- towards compensation and Rs.500/- as costs.

2.                The complainant had filed a complaint alleging deficiency in service on part of the opposite party, stating that despite obtaining booking

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amount from the complainant, the opposite party did not conduct the scheduled journey to Kailash Mansarovar.

3.                Heard.

4.                Learned counsel for the opposite party/appellant argued that the District Commission had erroneously proceeded ex-parte against the opposite party/appellant.  He argued that the notice of the complaint which was sent to M/S Shrestha Holidays was never served on them. He argued that the acknowledgement due (AD) in the record of the District Commission demonstrates that the notice was received by some M/S Travelor Holidays Pvt. Ltd. and not by the appellant. Therefore, the impugned order which is passed after wrongly proceeding ex-parte against the appellant deserves to be set-aside.

5.                After considering the arguments advanced by learned counsel for the appellant and on perusal of record we find that the notice of the complaint sent to the appellant was received by some other party and not by the opposite party/appellant.  Since the service was not properly effected on the appellant, the appellant was wrongly proceeded ex-parte by the District Commission. In this view of the matter, we infer that the impugned order deserves to be set-aside.

6.                Accordingly, the impugned order is set-aside and the case is remanded back to the District Commission for deciding it afresh on merits,

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in accordance with law, after giving proper opportunity to the parties to contest the matter.

7.                Parties are directed to appear before the District Commission on 01.08.2022.

8.                Record of the case be sent at the earliest to the District Commission.

9.                The District Commission is directed to proceed further in the matter in accordance with law, after informing the other party. The complainant is directed to supply the copy of complaint, along with accompanied documents to the opposite party on the date of appearance before the District Commission.  The opposite party shall file reply to the complaint, within a period of 30 days, subsequently.

10.              With the observations as aforesaid, this appeal stands disposed of with no order as to costs.

 

     (Dr. Monika Malik)   (Dr.Srikant Pandey)   (D. K. Shrivastava)         

     Presiding Member           Member                     Member