STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Institution: 22.11.2021
Date of final hearing: 30.05.2023
Date of Pronouncement:30.05.2023
First Appeal No.335 of 2021
in the matter of
M/s Nestway Technologies Private Limited (Through its Director), with its Registered Address at 1546 and 1547, 19th Main HSR Layout, Sector-1, Bengaluru, Karnataka 560102
.….appellant.
Through Counsel, Mr. Amitabh Tewari, Advocate
Versus
Prema Anand, R/o 33, AIIMS Apartments, Sector-21-D, Faridabad, Haryana.
Through Counsel, Mr. Shashi Kumar Yadav, Advocate
CORAM: S.P. Sood, Judicial Member.
Present:- Mr.Satvik Bansal, proxy counsel for Mr. Amitabh Tewari, counsel for the appellant.
Mr.Shashi Kumar Yadav, counsel for respondent.
O R D E R
PER: S.P SOOD. JUDICIAL, MEMBER:
When this appeal was being argued it transpired that respondent was willing to get this appeal allowed with a direction to learned district commission to decide the complaint afresh on merits this is how on 16th March 2023, Mr. Amitabh Tiwari, counsel for the appellant and Mr. S.K. Yadav, counsel for respondent suffered a joint statement that the appellant is willing to give a demand draft of an amount of Rs.30,000/- (Rs Thirty thousand only) as a cost in the name of the complainant within two weeks from today in lieu of expressing no objection if this appeal is allowed and impugned order is set aside and case is remanded back to decide it afresh. . On the other hand, learned counsel for the respondent has expressed his no objection to the same in case the present appeal is allowed and the original complaint is remanded back to the District Consumer Commission Faridabad for fresh disposal. Their statement in this regard recorded separately. Thereafter, the case was adjourned to 07.04.2023 for further proceedings i.e. for payment of costs. However, on 07.04.2023, Ms. Mahima Gupta, proxy counsel for Mr. Amitabh Tiwari, counsel for the appellant has appeared along with demand draft bearing No.234119 dated 30.03.2023 of an amount of Rs.30,000/- (Rs Thirty thousand only) of Kotak Mahindra Bank issued in favour of Prema Anand, respondent which was awarded as a cost for accepting this appeal on the last date of hearing on the basis of statement suffered by learned counsel for the respondent. However, due to non-availability of Mr. S.K. Gupta, learned counsel for the respondent the original demand draft could not be handed over and the matter was adjourned to today i.e. 30.05.2023.
2. Today, Mr. Shashi Kumar Yadav, learned counsel for the respondent has suffered a statement that he has received a demand draft bearing No.234119 dated 30.03.2023 amounting to Rs.30,000/- (Rs. Thirty Thousand Only) of Kotak Mahindra Bank issued in favour of Prema Anand from appellant. His statement in this regard recorded separately.
3. In this view of the matter the present appeal is allowed and impugned order is set aside and the original complaint is remanded back to learned district commission to decide it afresh as per law.
4. Both the parties are directed to appear before the District Consumer Commission, Faridabad on 17.07.2023 for further proceedings.
5. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on the website of the Commission for the perusal of the parties.
6. Let, the original complaint/ record is hereby remitted back to the District Consumer Commission Faridabad for fresh disposal.
7. File be consigned to record room alongwith a copy of this order.
Pronounced on 30th May, 2023
J.Y.
S.P.Sood
Judicial Member
Addl. Bench-1
