Susanta Kumar Mishra - Complainant(s)


DTDC Courier Services - Opp.Party(s)

In Person

26 Dec 2022


First Appeal No. A/381/2022
( Date of Filing : 15 Dec 2022 )
(Arisen out of Order Dated 25/11/2022 in Case No. CC/170/2022 of District Cuttak)
1. Susanta Kumar Mishra
Plot No. G/6, Rajabagicha, Labour Colony, Badambadi, Dist- Cuttack.
1. DTDC Courier Services
Mancheswar, Zone-A, Shop No.10, Mancheswar, IE RD Block-A, Sector-A, Mancheswar, Bhubaneswar.
2. DTDC Courier Service,
Buxi Bazar Chowk, Cuttack.
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
PRESENT:In Person, Advocate for the Appellant 1
Dated : 26 Dec 2022
Final Order / Judgement

         Heard the appellant in person. None appears for the respondents.

2.      Appellant submitted that he has filed a case before the learned District Forum,Cuttack against the DTDC courier service. According to him, he sent a parcel through the courier to New Delhi but the O.P did not send the material and further demanded courier charges exceeding the money. Due to illness, he could not take steps before the learned District Commission.  As such the complaint was dismissed .Therefore, he submitted to set aside the impugned order by allowing the appeal.

3.      Considered the submission and perused the impugned order which is passed on 25.11.2022. We find it appropriate to dispose of the appeal at the stage of admission before notice issued to the respondents.

4.      We have gone through the medical certificate  submitted by the appellant  that he is suffering from typhoid and being treated from 20.11.2022 to 30.11.2022. So the illness of the complainant is proved. The impugned order passed by the learned District Forum is as follows:-

The matter is posted today for exparte hearing. No steps taken from the side of the complainant. None appears in spite of repeated calls. On perusal of the order sheet it found that the complainant remains absent. Thereafter, long time has elapsed. Hence, it is felt that the complainant has no interest  to proceed with this case. However put up the case later.”

                   Sd/Member                                Sd/-President.

Later:-       None appears inspite of repeated calls. As there is insufficient evidence in this case and the complainant is not also interested, this commission is unable to proceed further this case.

Hence, the case is dismissed being devoid of any merit.

                    Sd/Member                                Sd/-President


5.      The aforesaid order clearly shows that  on 25.11.2022 the complaint was  dismissed  being devoid of any merit.However, in absence of complainant the learned District Forum had not recorded the evidencebut dismissed the complaint due to insufficient evidence of complainant. When there is no evidence adduced by the parties, the observation of the learned District Commission with regard to insufficientevidence  by learned District Commission in the impugned order is unwaranted.When the matter was not  heard on merit, the question of dismissal on merit is in appropriate.

6.      In view of the aforesaid discussion, we therefore, set aside the impugned order  dated 25.11.2022  and the learned District Commission is directed to dispose of the matter on merit by hearing both parties in accordance with law within a period of 30 days from the date of receipt of this order.The appellant  is directed to produce the copy of this order and appear  before the learned District Commission on 11.01.2023 to receive further instruction from it.

           The appeal is disposed of accordingly.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
[HON'BLE MR. Pramode Kumar Prusty.]
[HON'BLE MS. Sudhiralaxmi Pattnaik]

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