NCDRC

NCDRC

FA/242/2013

KAPIL BAJAJ - Complainant(s)

Versus

ASHUJA CHILD & EYE CLINIC & 4 ORS. - Opp.Party(s)

MR. TARUN SHARMA & MS. GARIMA GUPTA

23 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 242 OF 2013
 
(Against the Order dated 05/02/2013 in Complaint No. 37/2010 of the State Commission Delhi)
1. KAPIL BAJAJ
S/O. LATE SH. BALWANT RAI BAJAJ, R/O. KARFAR SHAH NAGAR, BEHIND BAL VIKAS SCHOOL, MODEL TOWN,
PANIPAT
HARYANA
...........Appellant(s)
Versus 
1. ASHUJA CHILD & EYE CLINIC & 4 ORS.
36, PARMANAND COLONY,
DELHI-110009
2. DR. SANJAY AHUJA
36, PARMANAND COLONY,
DELHI-110009
3. DR. APARNA AHUJA
36, PARMANAND COLONY,
DELHI-110009
4. KHANNA EYE CENTRE
THROUGH DR. SANJAY KHANNA, A-2/2, MODEL TOWN-1,
NEW DELHI-110009
5. UNITED INDIA INSURANCE,
18, BARAKHAMBA ROAD, KANCHANJUNGA BUILDING, CONNAUGHT PLACE,
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Ms. Sonia, Advocate
For the Respondent :
Mr. Parmod Sharma, Advocate for R-1-3
Mr. Maibam N. Singh, Advocate for R-5

Dated : 23 Aug 2013
ORDER

The State Commission had dismissed the complaint in default / non-prosecution.

          On the last date of hearing, notice was issued to the respondents for 23.08.2013.  Mr. Parmod Sharma, Advocate on behalf of Respondents No. 1 to 3 and Mr. M.N. Singh, Advocate on behalf of Respondent No.5 are present.

          Notice issued to the respondents is made absolute.   Since this was the first occasion when the complainant had defaulted as none was present.  In the interest of justice, we are of the view that the case be remitted back to the State Commission to decide it afresh on merits in accordance with law. 

The order of the State Commission dismissing the complaint in default is set aside.

 

 

 

Parties are directed to appear before the State Commission on 03.09.2013.     

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.