Chandigarh

StateCommission

A/12/2016

Chandan Pandey - Complainant(s)

Versus

M/s Motorola Solutions India P Ltd. - Opp.Party(s)

Vivek Mohan Sharma,Adv.

11 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Appeal No.	:	12 of 2016
Date of Institution	:	07.01.2016
Date of Decision	:	11.01.2016

 

Chandan Pandey son of Sh.Devendra Narayan Pandey presently residing at House No.1204-A, Sector 41-B, Chandigarh.

……Appellant/Complainant.

Versus

1. M/s Motorola Solutions India (P) Limited (Formerly known as Motorola India (P) Limited) Motorola Excellence Centre 415/2, Mehrauli – Gurgaon Road, Sector 14, Gurgaon, Haryana, India 122001.
2. Vignesh Service SCO 32, Sector 31-D, 1^st Floor, Chandigarh (Authorised service centre of the Motorola).

….Respondents/Opposite Parties.

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

 

Argued by:

 

Sh. Anil Gogna, Advocate, proxy for Sh.Vivek Mohan Sharma, Advocate for the appellant.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

(ORAL)

            This appeal has been filed against order dated 30.11.2015 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short the Forum) dismissing Consumer Complaint No.514 of 2015 in default.

2.         It is on record that notice in the above complaint was issued to the Opposite Parties on 16.09.2015 for 21.10.2015. None appeared for Opposite Party No.2. It was proceeded exparte. Notice was again sent to Opposite Party No.1 for 30.11.2015, on which date, none appeared on behalf of Opposite Parties No.1 and 2. Taking note of absence of Counsel  for the appellant/complainant, the complaint was dismissed in default.

3.         We are of the opinion that at this stage, no loss is going to be caused to anyone, in case, above order dated 30.11.2015 is set aside and matter is remitted to the Forum concerned for fresh adjudication. However, we make it very clear that before proceeding further, the Forum will issue fresh notices to both the Opposite Parties.

4.         Order passed is subject to payment of Rs.1000/- as cost, which the appellant shall deposit in the Consumer Legal Aid Account on or before the next date of hearing before the Forum.

5.         The appellant is directed to appear before the concerned Forum on 20.01.2016.

6.         Certified copies of this order be sent to the parties, free of charge.

7.         Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

8.         File be consigned to the Record Room after completion.

Pronounced

January  11, 2016.

            Sd/-      

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

Sd/-

(DEV RAJ)

MEMBER 

 

Sd/-

 

(PADMA PANDEY)

      MEMBER

Rb