Delhi

StateCommission

RP/139/2016

AMAZON SELLER SERVICES PVT. LTD. - Complainant(s)

Versus

WG CDR. S.P. DHINGRA (RETD.) - Opp.Party(s)

06 Sep 2016

ORDER

IN THE STATE COMMISSION: Delhi

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

 

Date of Decision: 06.09.2016

 

Revision Petition- 139/2016

 

 

        In the Matter of:

               

          Amazon Seller Services Pvt. Ltd.

          Regd. Office at- Brigade Gateway, 8^th Floor, 23/1,

          Dr. Rajkumar Road, Malleshwaram (W)

          Bangalore- 560055

……Appellant     Versus     WG CDR S.P. Dhingra (Retd.) R/o A-3, Greater Kailash Enclave, First Floor, Part-1, Greater Kailash, New Delhi- 110048                                                  …….Respondent

CORAM

 

N P Kaushik, Member (Judicial)

Salma Noor, Member

 

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

2.   To be referred to the reporter or not?

 

Salma Noor, Member

        This revision petition is filed for setting aside the impugned order dated 13.04.2016 passed by the Hon’ble District Consumer Disputes Redressal Forum-II, Qutub Institutional Area, New Delhi in complaint case No. 502/15 whereby the right of the petitioner/OP for filing the written statement before the District Forum has been closed.

        Notice of this petition was issued to the respondent and counsel for the respondent has appeared. We have heard counsel for the parties on this revision petition.

        According to the petitioner he had received copy of the complaint on 05.02.2016 from the District Forum and his written statement/reply was also prepared by 19.03.2016. His further submission is that the next date before the Ld. District Forum was 13.04.2016 and on the said date he was ready to file the written statement but the Hon’ble District Forum refused to accept the written statement as the 45 days were already lapsed. It is further stated that on the said date complainant was also not present in the District Forum.

        Respondent is present in person who states that he has no objection if the impugned order is set aside and petitioner/OP is given chance to file written statement, subject to payment of costs. It is also stated by the respondent/complainant that petitioner/OP has already reversed back costs of mobile to his bank account one week before.

        In view of the above statement of the respondent/complainant as well as no objection given by him, we allow the revision petition and give opportunity to the petitioner/OP to file written statement before the Ld. District Forum positively within a week from today, subject to payment of costs of Rs. 2000/- to the respondent/complainant.

        A copy of this order be sent to the parties as well as to District Forum for necessary information.

        File be consigned to record room.

 

(N P Kaushik)

Member (Judicial)

 

(Salma Noor)

Member