Delhi

StateCommission

RP/29/2016

SURYA KIRAN HOSPITAL - Complainant(s)

Versus

VIRENDER SINGH & ANR. - Opp.Party(s)

AJIT AMAR

22 Apr 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision :22.04.2016

 

Revision Petition No. 29/2016

(Arising out of the ex-parte order dated 28.10.15 passed in Complaint Case No.241/2014 passed by the District Consumer Dispute Redressal Forum-VII, Sheikh Sarai, New Delhi.)

 

In the matter of

SURYA KIRAN HOSPITAL

31, ROSHAN MANDI,

NAZAFGARH,

NEW DELHI-110043

 

 

……Appellant

 

Versus

 

1. SH. VIRENDER SINGH

S/O SH. RAM CHANDRA

R/0-248, SAMASPURA

PO-UJWA, KHALSA,

SOURTH WEST DISTRICT, DELHI.

 

2. DR. ANITA YADAV

DEPARTMENT OF SURGERY

SURYA KIRAN HOSPITA

31, ROSHAN MANDI

NAZAFGARH, NEW DELHI-110043

 

…Respondent

 

CORAM

Justice Veena Birbal, President

Salma Noor, Membe

 

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.          In this revision petition prayer is made for setting aside the order dated 28.10.15 passed by the CDRF-VII, Sheikh Sarai, New Delhi in CC No.241/14 by which the petitioner herein i.e. OP before the District Forum has been proceeded ex-parte.
2.          Ld. Counsel for the Petitioner/OP has stated that the renovation work was going on in the District Forum due to which the case was being adjourned from time to time.  It is stated that before the District Forum, the Counsel of petitioner/OP-1 who was handling the matter had informed the petitioner/OP-1 that as and when the renovation work would be completed he shall inform the petitioner/OP-1 so that he could participate in the proceedings.  It is stated that the earlier Counsel stopped appearing in the matter as a result of which the case was proceeded ex-parte against the petitioner/OP-1 on 28.10.15 as there was no appearance before the District Forum on the said.
3.          It is also submitted that non appearance was for the reasons stated above and there is no fault on the part of the petitioner/OP-1.
4.          Ld. Counsel for the respondent/complainant has initially opposed the petition. However, after some arguments Ld. Counsel submits that respondent/complainant has no objection if the impugned order is set aside and petitioner/OP-1 be allowed to contest the case on merits. However, it is stated that for costs be imposed on petitioner/OP-1 as delay has been caused.
5.          Considering the reasoning given  for non appearance as well as no objection given on behalf of the respondent/complainant and for effective disposal of case on merits, we allow this petition and set aside the impugned order dated 28.10.15 by  which petitioner/OP-1 was proceeded ex-parte subject to payment of costs of Rs.5,000/- to the respondent/complainant.
6.          The next date before the District Forum is stated to be 26.4.2016.
7.          Parties shall appear there on the said date. It is clarified that the Petitioners/OP-1 shall file its written statement within 15 days from today before the District Forum and shall also pay the costs of Rs.5,000/- to the respondent/complainant. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
8. The revision petition stands disposed of accordingly.

            A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum-VII, Sheikh Sarai, New Delhi.

File be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member