Delhi

StateCommission

A/402/2015

TIMES INTERNET LTD. - Complainant(s)

Versus

ANUJ KUMAR & ANR. - Opp.Party(s)

16 Nov 2015

ORDER

IN THE STATE COMMISSION: DELHI

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

                                                   Date of Decision: 16.11.2015

First Appeal No. 402/2015

(Arising out of the order dated 13.05.2015 passed in complaint case No. 96/2015 by the District Consumer Disputes Redressal Forum (Central) Kashmere Gate, Delhi)

In the matter of:

TIMES INTERNET LIMITED

Regd. Office at:

10, Darya Ganj, New Delhi

Through its Authorised Representative

Sh. Saurabh Malik                                        Appellant

 

Versus

 

1. Sh. Anuj Kumar

S/o Sh. Ramesh Pal Singh

R/o House No. A-140, Street No. 8

25 Foota Main Road, Meet Nagar

New Delhi-110094

 

2. M/s MAA Communication

13, Shankar Vihar

New Delhi-110092                                       Respondent

                                                                  

CORAM

 

N P KAUSHIK                                    -                       Member (Judicial)

S C JAIN                                             -                       Member

 

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

2.         To be referred to the reporter or not? Yes

 

 

N P KAUSHIK – MEMBER (JUDICIAL)

 

Judgement

1.          Heard on the application of condonation of delay for filing of the present appeal. There is a delay of 70 days in filing the present appeal. Respondent No. 1 Sh. Anuj Kumar who is present in person stated that he did not contest the application provided costs were imposed on the appellant. We have perused the application. In view of the circumstances explained in the application and the submission made by respondent-1, delay in filing the present appeal is condoned subject to payment of costs of Rs. 2000/- to respondent-1.
2.          Heard on admission.

         Admit.

         Appellant has impugned the orders dt. 13.05.2015 passed by the Ld. District Forum (Central) Kashmere Gate, Delhi. The orders are reproduced below:

 

“None for OP’s despite service by Regd. post sent 24.04.2015. Notice not received back unserved and same is presumed to have been effected on the OP’s. Since none is present on behalf of the OP’s they are ordered to be proceeded with Exparte.

The complainant shall make the manufacturer of the mobile a party in the case for the next date of hearing i.e. 10/07/2015.”

 

3.          Contention of the appellant is that he was served with the notice of the complaint on 29.05.2015. After service, he approached the court and was apprised that there were no adverse orders against him. He was also informed that the matter was listed for 10.07.2015. Accordingly he appeared on 10.07.2015. Ld. District Forum posted the matter for filing of written version for 11.08.2015. Written version intended to be filed by the appellant was not taken on record. Attention of the appellant was drawn to the order dt. 13.05.2015 vide which he stood proceeded against ex-parte.
4.          We have perused the record and the zimny orders dt. 13.05.2015, 10.07.2015 and 11.08.2015. Ld. District Forum on 10.07.2015 granted time to the appellant to file written version ignoring the fact that the appellant was proceeded against ex-parte on 13.05.2015. Be that as it may, complaint was admitted on 21.04.2015 and notice was issued for 13.05.2015. It was on 13.05.2015 that the appellant was proceeded against ex-parte. Statutory period of thirty days notice was not granted. Ld. District Forum hence fell in error. In the circumstances, orders dt. 13.05.2015 proceeding against the appellant ex-parte are set aside. Appellant is granted an opportunity to file its written version in the District Forum on the date already fixed i.e. 16.12.2015. Let written version be filed by the appellant on 16.12.2015 with an advance copy to the respondent herein. Appeal is accordingly disposed of.
5.          Copy of the orders be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.
6.          One copy be sent to the District Forum concerned.
7.          FDR, if any, deposited by the appellant be released as per rules.

 

(N P KAUSHIK)
MEMBER (JUDICIAL)
 

 

(S C JAIN)

144616126.