This Appeal by the Complainant is directed against order dated 27.11.2012, passed by the State Consumer Disputes Redressal Commission, U.P., Lucknow in Complaint No.C-6/10. By the said order, the Complaint has been dismissed for non-prosecution as no one had appeared on behalf of the Complainant, when the case was listed for hearing on the aforesaid date. Upon Notice, Mr.Mohan Babu Agarwal has entered appearance on behalf of Respondent No.1. Having heard learned counsel for the parties and perused the proceedings sheets of the case, maintained by the State Commission, we are of the opinion that the impugned order is unsustainable. It is evident from the record that after the filing of the Complaint, it came up for consideration on 3.2.2010, when at the request of counsel for the Complainant it was directed to be listed, on the point of admission, on 16.3.2010. Thereafter, for over two years, the case was not listed. On 24.5.2012, the case was placed before the Registrar for fixing the next date. On the said date, it was directed that the case shall be listed for final hearing on 27.11.2012. There is nothing on record to indicate that any intimation was sent to the Complainant about the listing of the case after two years. The impugned order, however, records that the cause list, showing listing of the case on 27.11.2012 was uploaded on the Website of the Commission. We feel that since the case was listed abruptly after two years of its institution, the date of hearing should have been intimated to the Complainant. It is pertinent to note that free copy of the impugned order was also despatched to the Complainant after a lapse of almost four months from the date when it was made. We are convinced that dismissal of the complaint without due notice of hearing on 27.11.2012, is violative of the principles of natural justice and therefore, an opportunity deserves to be granted to the Complainant to have his say before the State Commission. Accordingly, the impugned order is set aside and the Complaint is restored to the Board of the State Commission for adjudication in accordance with law. Parties/their counsel are directed to appear before the State Commission on 9.12.2014 for further proceedings. Appeal stands disposed of with no order as to costs. |
