Delhi

StateCommission

A/217/2015

SHIVANI BHAT - Complainant(s)

Versus

WARDROBE DRY CLEANER EXPERTS - Opp.Party(s)

08 Oct 2015

ORDER

IN THE STATE COMMISSION : DELHI

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

Date of Decision: 08.10.2015

First Appeal- 217/2015

IN THE MATTER OF:-

Shivani Bhat

D/o K.L. Bhat

R/o 47 C, Pocket F GTB Enclave

Dilshad Garden, Near GTB Hospital

Delhi-110093

                                                                                       …..Appellant

Versus

Wardrobe, Dry Cleaner Experts

Shop No. 19, Chetak Complex,

Dilshad Garden, Delhi-110095

 

                                                                                 …..Respondent CORAM

(Justice Veena Birbal, President)

(Salma Noor, Member)

(O.P. Gupta, 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.             This is an appeal under section 15 of the Consumer Protection Act (in short ‘The Act’) against the order dated 24.03.2015 passed by the Consumer Disputes Redressal Forum, Nand Nagri, Delhi whereby complaint case no. 31/2015 has been dismissed for non appearance.

2.             It is stated that appellant herein was the complainant before the District Forum. A complaint under section 12 of the Consumer Protection Act was filed by him on 29.01.2015. On 10.02.2015 the complaint was listed for consideration. On the aforesaid date counsel for the appellant/complainant could not appear and instructed the appellant/complainant to appear in person. It is stated that due to reasons beyond his control the appellant/complainant was late and by the time he reached before the District Forum the matter had already been adjourned to 17.03.2015. On 17.03.2015 counsel for the appellant/complainant could not appear as he was out of India. The complainant also could not appear as he was unwell. On 23.03.2015 the counsel for the appellant/complainant returned back to India and was not aware that the matter was listed on 24.03.2015 as such did not appear on the said date before the Ld. District Forum. After few days on enquiries made from the District Forum it was revealed that the case had already been dismissed for non appearance on 24.03.2015. Counsel for the appellant/complainant submits that non appearance was due to the aforesaid reasons. It is stated that a great prejudice shall be caused to the appellant/complainant in case the matter is heard and decided on merits. It is stated that appellant/complainant was prevented by sufficient case in not appearing before the District Forum.

 

3.             Notice of the aforesaid appeal is not issued to the respondent/OP as the complaint was dismissed at admission stage and the District Forum had not yet issued notice to the respondent/OP.

4.             We have gone through the reasoning given for non appearance which is supported with affidavit of the appellant/complainant.

5.             In view of the reasoning given, we allow this appeal and set aside the order dated 24.03.2015 and restore the complaint to its original position.

6.             The appellant/complainant shall appear before the District Forum on 09.12.2015. The District Forum shall proceed further in the matter in accordance with law.

                A copy of this order be sent to appellant/complainant free of costs as per rules and thereafter file be consigned to record room.

(Justice Veena Birbal)

President

 

(Salma Noor)

Member

 

(O.P. Gupta)

Member (Judicial)

 

 

 

Rakeeba