Delhi

StateCommission

A/597/2016

ASHUTOSH KUMAR SINGH - Complainant(s)

Versus

MANGLA TELECOM CENTRE & ANR. - Opp.Party(s)

CHINMAY KUMAR

27 Jan 2017

ORDER

Present:            Sh. Chinmay Kumar, Counsel for the Appellant.

 

       

        This is an appeal wherein prayer is made for setting aside order dated 21.11.2016 passed by the Consumer Disputes Redressal Forum, Janakpuri, New Delhi in complaint case No. 572/14 by which the complaint filed by the appellant herein i.e. complainant before the Ld. District Forum has been dismissed for non presecution.

        The aforesaid order reads as under:

        “Pr. None

        Complaint passed over may times since morning. None appeared on behalf of complainant. Even on previous date complainant was not present. It seems complainant is not interested in pursuing present complaint. So complaint is dismissed default for non prosecution.

Copy of order be given to parties as per rules.

        File be consigned to record.”

 

        We are not issuing notice of this appeal to the respondent/OP as when the impugned order was passed respondent/OP was not present before the Ld. District Forum.

        In view of the reasoning given for non appearance as well as considering that important right of the appellant/complainant to pursue his case is involved, we accept this appeal and set aside the impugned order dated 21.11.2016 and restore the complaint to its original posision.

        Appellant/complainant is warned to be cautious in future.

        Let appellant/complainant appear before the Ld. District Forum on 10.03.2017.

        It is clarified that Ld. District Forum shall not proceed further in the matter without issuing notice to respondent/OP.

        A copy of the order be sent to the parties as well as to Ld. District Forum for necessary information.

        File be consigned to record room.