Delhi

StateCommission

A/322/2019

MONIKA GROVER - Complainant(s)

Versus

FIITJEE LTD. - Opp.Party(s)

KRISHNA KUMAR SHARMA

09 Aug 2019

ORDER

IN THE STATE COMMISSION: DELHI

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

                                                             Date of Decision: 09.08.2019

First Appeal No. 322/2019

(Arising out of the order dated 22.04.2019 passed in complaint case No. 63/2017 by the District Consumer Disputes Redressal Forum III (West) Delhi)

In the matter of:

MONIKA GROVER

W/o Late Sh. Rajesh Grover

R/o A-5/251, Paschim Vihar

New Delhi-110063          …….Appellant

 

Versus

 

     FITJEE EDUCATIONAL INSTITUTE

     Through its Managing Director/Incharge/Chairperson

     Shop No. 31, 32 and 33

     Main Road, West Punjabi Bagh

     New Delhi-110026                        …….Respondent

                                                                  

BEFORE:

 

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

ORDER

Salma Noor, Member

1.     Present is an appeal filed under section 15 of Consumer Protection Act, wherein prayer is made for recalling of order dated 26.09.2018 passed by Ld. District Forum III (West) Delhi in Complaint Case No. 63/2017 whereby the complaint filed by appellant/complainant has been dismissed in default.
2.     The aforesaid order reads under:

        “Case No. 63/17

  Date: 22.04.2019

 Present: None for Complainant.

              Counsel for OP.

 

Despite repeated calls none appears on behalf of complainant. It is already 1:15 pm.

Complainant was not present on last date also.

Hence, complaint is dismissed in default. File be consigned to record room.”

3.         The reason given for the non-appearance of the appellant/complainant before the District Forum is that on the date fixed she went to her younger brother’s place to attend his last ritual who expired on 08.04.2019. Appellant/complainant has placed on record death certificate of her younger brother. She has also filed her own affidavit in support of her aforesaid averments.
4.         In view of the above, there is no reason to disbelieve the contention of appellant/complainant. As such the appeal stands allowed and order dated 22.04.2019 by which complaint was dismissed in default is set aside and complaint is restore to its original number and position.
5.         Appellant is directed to appear before Ld. District Forum on 31.10.2019 and District Forum shall proceed further in the matter in accordance with law after issuing notice to respondent/OP.
6.         A copy of the order as per the statutory requirements be forwarded to the appellant/complainant free of costs and also to the District Forum, New Delhi. Thereafter, the file be consigned to record room.

 

 (Salma Noor)

Member