Delhi

StateCommission

RP/132/2018

M/S SAMARA HONDA - Complainant(s)

Versus

SHRI AJAY SONI - Opp.Party(s)

AMARESH K. SINGH

02 Apr 2019

ORDER

IN THE STATE COMMISSION: DELHI

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

 

                                                             Date of Decision: 02.04.2019

Revision Petition No. 132/2018

(Arising out of the order dated 23.04.2018 passed in complaint case No. 312/2017 by the District Consumer Disputes Redressal Forum, Qutab Institutional Area, Delhi)

In the matter of:

M/s Samara Honda

Through its Authorized Representative

Having its office at:

4, Bhikaji Cama Place

•  

 

Versus

 

Sh. Ajay Soni

Sr. Divisional Manager

The Oriental Insurance Company Ltd.

Divisional Office No. 23

2/13-14, Sarai Jullena

•           .........Respondent

                                                                  

BEFORE:

 

JUSTICE VEENA BIRBAL                  -                  PRESIDENT

SALMA NOOR                                   -                  MEMBER

 

1.       Whether reporters of local newspaper be allowed to see the judgment?                                    Yes

2.             To be referred to the reporter or not?                                                                                                      Yes

ORDER

Justice Veena Birbal, President

1.     By way of present petition prayer is made for recalling of order dated 23.04.2017 passed by Ld. District Forum, Qutab Institutional Area, Delhi in Complaint Case No. 312/2017 whereby the petitioner herein i.e. OP-1 before the District Forum has been proceeded ex-parte.
2.     The aforesaid order reads under:

        “Case No. 312/17

  Date: 23.04.2018

 Present: Sh. Praful Trivedi Adv. for the Complainant.

None for OP No. 1.

Ms. Aparna Adv. for the OP No. 2.

None was also present on behalf of the OP No. 1 on 15.01.2018, 22.02.2018 and 05.03.2018 despite service of notice on 20.12.2017. OP No. 1 is accordingly proceeded ex-parte.

Adjourned to 13.07.2018 for filing rejoinder and CE.”

 

3.         We have gone through the reasoning given for non-appearance before Ld. District Forum. It is stated that petitioner/OP-1 had no knowledge about the proceedings going on before Ld. District Forum and due to said reason appearance could not be made.
4.         On the other hand, Ld. Counsel for Respondent/Complainant has argued that due to non-appearance much delay has been caused and petitioner/OP-1 had been duly served before Ld. District Forum.
5.         It is submitted that petitioner/OP-1 had appeared before Ld. District Forum on a subsequent date i.e. 06.09.2017
6.         We have considered the submission made keeping in mind the interest of justice and for effective disposal of case on merits, we allow the present appeal and set aside order dated 23.04.2018 subject to payment of costs of Rs. 7,000/-  to respondent/complainant.
7.         Let parties to appear before Ld. District Forum on 01.05.2019.
8.         On the said dated petitioner/OP-1 shall file written statement and shall also pay the costs thereafter Ld. District Forum shall proceed in the matter after considering the material on record.
9.         Petition stands disposed of.
10. A copy of the order as per the statutory requirements be forwarded to the parties free of costs and also to the District Forum, New Delhi. Thereafter, the file be consigned to record room.
11. Order ‘dasti’.

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member