Delhi

StateCommission

A/548/2017

SAKSHAM KAUSHIK (MINOR) - Complainant(s)

Versus

M/S FIITJEE LTD. - Opp.Party(s)

ARUN YADAV

13 Feb 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.548/2017

 

 

Saksham Kaushik (Minor)                                                            … Appellant

 

Versus

 

M/s. FITJEE Limited                                                                  … Respondent

 

 

BEFORE:

Hon’ble Justice Veena Birbal, President

Ms. Salma Noor, Member

 

 

For the Appellant:	Mr. Arun Yadav, Advocate.
For the  Respondent:	Ms. Arti Rawat, Advocate

 

 

Dated: 13^th February, 2018

 

ORDER

 

Justice Veena Birbal, President

 

1. Aggrieved with the order dated 08.09.2017 passed by the District Consumer Disputes Redressal Forum (II) in CC No.24/2017 by which the complaint filed by the appellant herein i.e. the complainant before the District Forum, has been dismissed for non-appearance, the appellant/complainant has filed the present appeal.
2. The aforesaid order reads as under:

 

“08.09.17:

Present: None for the Complainant

              Sh. Dilip Arya Adv. for the OP.

 

              Reply filed on behalf of the OP.

              Third call has been given at 12 noon. None was present on behalf of the complainant on 16.05.17 and again on 24.07.17. OP has not admitted the claim of the complainant in its reply. Hence, we dismiss the complaint in default for non-prosecution. let a copy of this order be given dasti to the counsel for OP. File be consigned to Record Room.”

 

                

3. Counsel for the appellant/complainant states that on 08.09.2017 the matter was listed for filing of the rejoinder and evidence by way of affidavit by the complainant. It is stated that on the aforesaid date, counsel for the appellant/complainant was little bit late in appearance before the District Forum due to traffic jam and by the time he had reached, the case was already dismissed for non-appearance. It is stated that due to aforesaid bonafide reason counsel for the appellant/complainant could not appear before the District Forum. It is stated that if the impugned order is not set aside, the appellant/complainant will be precluded from pursuing his valuable right.
4. Nothing contrary is pointed out on behalf of the respondent.
5. In view of the reasoning given, we accept this appeal, set aside the order dated 08.09.2017 and restore the complaint to its original number.
6. Appellant/complainant is warned to be cautious in future.
7. Let parties to appear before the District Forum on 12.04.2018. On the said date, appellant/complainant shall file rejoinder and evidence by way of affidavit. Thereafter, the District Forum shall proceed in the matter in accordance with law.
8. A copy of this order be sent to the parties as per rules and also to the concerned District Forum for information and necessary action. Thereafter, the file be consigned to Record Room.

 

 

(Justice Veena Birbal)
President

 

 

 

(Salma Noor)

Member