Delhi

StateCommission

A/105/2015

SMT. ASHA BATHLA & ANR. - Complainant(s)

Versus

LIC HOUSING FINANCE LTD. - Opp.Party(s)

08 Jul 2015

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :8.7.2015

First Appeal No. 105/2015

(Arising out of the order dated 13.1.2015 passed in Complaint Case No.366/2011 passed by the District Consumer Dispute Redressal Forum (North), Tis Hazari, Delhi.)

In the matter of

1. Mrs. Asha Bathla

Wife of shri G.D. Bathla

H No 40 R

Model Town Sonepat

Haryana 131001

 

2. Miss Anuradha Bathla

D/o Shri G.D. Bathla

H No 40 R

Model Town Sonepat

Haryana 131001

……Appellant

 

Versus

LIC Housing Finance Ltd.

Through Area

Lakshmi Insurance Building

Asaf Ali Road, New Delhi

…Respondents

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

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

2.       To be referred to the reporter or not?

 

 

 

 

Justice Veena Birbal, President

1. In this appeal, challenge has been made to order dated 13.1.15 by which the complaint filed by the appellant herein i.e. complainant before the District Forum has been dismissed in default.
2. Ld. Counsel for the appellant/complainant has submitted that when the complaint was dismissed in default, the same was at the stage of final hearing.  It is submitted that the written submissions had already been filed by both of parities before the District Forum.  It is submitted that prior to 13.1.15, the case was listed on 21.10.14. On the said date, Counsel for the appellant/complainant had appeared.  However, due to bonafide mistake the Counsel for the appellant could not post the next date in his diary and due to said reason there was no appearance before the District Forum on the said date.  The relevant pages of the diary are also annexed in support of explanation given for non appearance on 13.1.15. There is also an affidavit of Counsel for the appellant affirming the reasons for non-appearance on oath.
3. Nothing contrary is pointed out on behalf of the respondent.
4. Considering the reasoning given for non appearance which is supported with relevant material on record as well as affidavit of appellant, we allow the appeal and set aside the order dated 13.1.15 and restore the complaint to its original position.
5. The parties shall appear before the District Forum on 28.8.2015. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
6. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum.
7. As prayed order be given ‘dasti’.
8. File be consigned to record room.

 

 (Justice Veena Birbal)

President

                                                  

 

(Salma Noor)

Member

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