Delhi

StateCommission

A/543/2018

COL. GULSHAN SAINI - Complainant(s)

Versus

COUNTRY CLUB (INDIA) LTD. - Opp.Party(s)

RAKESH BHATNAGAR

19 Mar 2019

ORDER

IN THE STATE COMMISSION: DELHI

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

                                                         

First Appeal No. 543/2018

 

(Arising out of the order dated 23.10.2018 passed in complaint case No. 137/2017 by the District Consumer Disputes Redressal Forum II, Qutub Institutional Area, New Delhi)

 

In the matter of:

 

Col. Gulshan Saini

S/o Sh. R.D.Saini

C/o Maj. D. Prahash Rao

Coy. Commander Office

Ground Floor

ARMY HOSPITAL (R & R)

Delhi Cantt.

New Delhi-110010

Through his Counsel

Sh. Rakesh Bhatnagar Advocate            …….Appellant

 

Versus

 

1. Country Club (India) Ltd.

Through its Managing Director/Authorised Person

2, Community Centre, 1^st Floor

East of Kailash, Opp. Sapna Cinema

New Delhi-110065

 

2. Country Vacation

City Square Mall

Shop No. 6, M.G.Marg

Rajouri Garden

New Delhi-110027

 

Also at:

 

3. Country Club (India) Ltd.

6-3-1219/A, 2^nd Floor

Begumpet, Hyderabad

•  

 

4. Country Club (India) Ltd.

6-3-1219/A, 2^nd Floor

Begumpet, Hyderabad

•  

                                                                  

                                                                  

BEFORE:

 

JUSTICE VEENA BIRBAL                 -                       PRESIDENT

SALMA NOOR                                    -                       MEMBER

 

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

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

 

Dated: 19^th March 2019

 

ORDER

 

Justice Veena Birbal - President

 

1.         By way of this appeal prayer is made for recalling of order dated 23.10.2018 passed by Ld. District Forum II Qutub Institutional Area, New Delhi (in short the ‘Ld. District Forum’) in Complaint Case No. 137/2017 by which complaint filed by appellant/complainant was dismissed for non-appearance. 
2.         The aforesaid order reads as under:

“23/10/2018

Case No. 137/17

Present: None

            It is already 2.20 p.m.

            Shri Vikas Singh Adv. for the OP was present on the first call. None was also present on behalf of the complainant on 23.05.18, 08.08.2018 and again on 12.09.2018. Today also, no one has appeared on his behalf, despite repeated calls since morning. Hence, the complaint is dismissed in default.

  Let a copy of this order be given dasti to the counsel for OP and copy be also sent to the complainant through speed post. File be consigned to record room.”

 

3.         No one has appeared on behalf of respondents/OPs despite being served by registered AD post.
4.         We have gone through the reasoning given for non-appearance. It is stated that talks for settlement were going on with respondents/OPs due to which no appearance was made on behalf of appellant/complainant. The ground stated is no ground for non-appearance. Anyhow keeping in mind interest of justice and for effective disposal of complaint on merits and considering the stage on which it was dismissed for non-appearance, we allow the present appeal and set aside the impugned dated 23.10.2018. Let parties appear before the Ld. District Forum on 30.04.2019.
5.         It is clarified that before proceedings further in the matter Ld. District Forum shall issue fresh notice to respondents/OPs.
6.         Appeal stands disposed of accordingly.
7.         A copy of the order as per the statutory requirements be forwarded to the parties free of costs and also to the District Forum, New Delhi. Thereafter, the file be consigned to record room.

 

(Justice Veena Birbal)​

PRESIDENT

(Salma Noor)​​

MEMBER