Delhi

StateCommission

RP/261/2016

M/S CONCORDE MOTORS LTD. - Complainant(s)

Versus

MS. AASHIMA GOSWAMI & ANR. - Opp.Party(s)

15 Nov 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :15.11.2016

Revision Petition No.261/2016

(Arising out of the order dated 22.9.15 passed in Complaint Case No.148/15 passed by the District Consumer Dispute Redressal Forum-II, Qutub Institutional Area, New Delhi.)

 

In the matter of

 

M/s. CONCORDE MOTORS LIMITED

M-10, SOUTH EXTENTION-II

NEW DELHI-110049

……Appellant

 

Versus

 

1. MS. AASHIMA GOSWAMI

W/O SHRI TARUN GOSWAMI

C-28, LAJPAT NAGAR-I,

NEW DELHI-110024.

 

2. M/S TATA MOTORS LIMITED

JEEVAN TARA BUILDING

5 SANSAD MARG,

NEW DELHI-110 001

…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 petition prayer is made for setting aside the order dated 22.9.15 by which the petitioner herein i.e. OP-2 before the District Forum has been proceeded ex-parte. The impugned order reads as under:-

” Pr. Complainant in person with her husband

                         None for OPs

In view of the previos order-sheet dated 27.8.15, OPs are proceeded ex-parte.”

2.             Ld. Counsel for the petitioner/OP has submitted that the Ld. District Forum issued notice to the petitioner/OP-2 for 27.8.15. The petitioner/OP-2 informed the Counsel for appearance before the Ld. District Forum on 22.9.15. But the petitioner Counsel failed to note the case in his case diary and did not appear before the District Forum on 22.9.15. It is further stated that fault of the Counsel for the petitioner cannot be said to be the fault of the appellant. Counsel for the petitioner/OP-2 contended that the petitioner have prima facie good case on merit and if the order dated 22.9.15 is not set aside the appellant shall suffer irreparable loss and injury.  
3.             The husband of the respondent is present. He states that for the effective disposal of the case on merits he has no objection if the order dated 22.9.15 is set aside subject to payment of heavy costs as much delay has been caused.
4.             Considering the totality of facts and circumstances and no objection given on behalf of respondent No.1/complainant, we accept the present petition and set aside the order dated 22.9.15 by which the petitioner/OP-2 i.e. M/s. CONCORDE Motors Ltd.  was proceeded ex-parte before the Ld. District Forum subject to payment of costs of Rs.20,000/- to the respondent No.1/complainant.
5.             It is stated that the next date before the District Forum is 25.11.16.
6.             Parties shall appear before the Ld. district Forum on the aforesaid date.
7.             On the said date Petitioner/OP-2 shall pay the costs of Rs.20,000/- to the respondent No.1/complainant and shall also file its written statement. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.  Considering the nature of the claim, the Ld. District Forum shall expedite the proceedings and shall decide the complaint case on merits.
8.             The revision petition stands allowed.
9.             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum-II, Qutub Institution Area, New Delhi.
10.             File be consigned to Record Room.

 (Justice Veena Birbal)

President

                                                              

 

(Salma Noor)

Member