Delhi

StateCommission

A/294/2015

AJAY KUMAR - Complainant(s)

Versus

MICROMAX INFORMATICS LTD. & ANR. - Opp.Party(s)

19 May 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 19.05.2016

 

 

First Appeal No.294/2015

(Arising out of the order dated 24.04.2015 passed in Complaint Case No.295/20122by the District Consumer Redressal Forum-VI, New Delhi)

 

In the matter of:

 

Shri Ajay Kumar,

E-8, Jawhar Park,

Laxmi Nagar, Delhi -110002

....Appellant

 

Versus

 

1. Micromax Informatics Limited.

Plot No.21/14, Block-A,

Naraina Industrial Area-II,

New Delhi-110028.

 

 

2. Nelco Electronics,

F-14, Subhash Chowk,

Laxmi Nagar,

Delhi -110092.

...Respondents

 

CORAM

 

Justice Veena Birbal, President.

Ms. 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. By this appeal appellant/complainant has prayed for setting aside the order dated 24.04.2015 passed by the District Forum-VI in CC NO.295/2012 by which the complaint of the appellant herein has been dismissed for non-appearance.
2. Counsel for the respondent No.1 states that the appellant/complainant has not complied with the orders passed by the Ld. District Forum. It is also stated that number of times the appellant/complainant was directed to appear in person before the District Forum, however, the appellant/complainant did not appear before the Ld. District Forum as such frivolous appeal has been filed.
3. On the other hand Ld. counsel for the appellant/complainant submits that appellant/complainant has no difficulty in appearing before the Ld. District Forum. It is stated that the Ld. District Forum had already put up a notice on board wherein it was stated that the final hearing matter would not be taken up and due to this the appellant/complainant did not appear before the District Forum on the date fixed i.e. 24.04.2015. It is submitted that non-appearance was not deliberate.
4. We have heard the parties.
5. In view of the reasons given as well as for effective disposal of the case on merit, we accept this appeal and set aside the impugned order and restore the complaint to its original position.
6. Let the parties appear before the District Forum on 20.07.2016. Thereafter the District Forum shall proceed further in accordance with law.
7. The appeal stands disposed of accordingly.
8. Copy of this order be given to the parties and be also sent to the Ld. District Forum-VI, for information and keeping it on record for compliance

           File be consigned to Record Room.

 

 

 

(Justice Veena Birbal)

•  

 

(Salma Noor)

Member