Delhi

StateCommission

A/202/2018

RATAN MANI - Complainant(s)

Versus

SOUTHEND HONDA & ANR. - Opp.Party(s)

MANAV KUMAR

14 Oct 2019

ORDER

IN THE STATE COMMISSION: DELHI

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

                                                             Date of Decision: 14.10.2019

First Appeal No. 202/2018

(Arising out of the order dated 26.04.2017 passed in complaint case No. 156/2014 by the District Consumer Disputes Redressal Forum II (South) Udyog Sadan, Qutub Institutional Area, Delhi)

In the matter of:

Sh. Ratan Mani

D-815, New Friends Colony

New Delhi-110065                    …….Appellant

 

Versus

 

     Southend Honda

     Saket Motors Pvt. Ltd.

     Plot No. 17, Block B-2

     Mohan Coop. Indl. Est.

     Badarpur, Mathura Road

     New Delhi-110044

 

     Honda Motor Company Ltd.

     1-1, 2-Chrome, Minami-Aoyama

     Minato-KU Tokyo

     107-8556 (Japan)

 

     Also at:

     Honda Cars India Ltd.

     Block No. A-1, Sector 40/41

     Surajpur-Kasna Road

     Greater Noida Industrial Development Area

     District Gautam Budh Nagar (UP)-201306                  …….Respondents

                                                                  

BEFORE:

 

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

Salma Noor, Member

1.     Present is an appeal filed under section 15 of Consumer Protection Act, wherein prayer is made for recalling of order dated 26.04.2017 passed by Ld. District Forum II (South) Udyog Sadan, Qutub Institutional Area, Delhi in Complaint Case No. 156/2014 whereby the complaint filed by appellant/complainant has been dismissed in default.
2.     The aforesaid order reads under:

        “Case No. 156/14

 Date: 26.04.2017

 Present: Adv. Manish Goyal for OP.

 

None for complainant for last many dates i.e. 08.08.2016, 18.09.2016, 02.02.2017. Hence, the complaint is dismissed in default. File be consigned to R/R.”

 

3.         It is stated that the appellant/complainant runs a garment manufacturing and export company for which he is often required to travel abroad and due to travelling, he engaged a counsel to look after his case. It is stated that his counsel assured him that the case would be taken care by him in a proper and effective manner. It is stated that appellant/complainant trusted the words of the counsel and did not personally enquire about the case. It is further stated that at the time when his case was dismissed in default he was having a legal dispute and was under the mental duress and great financial difficulties. Therefore he could not appear personally before the Forum and complaint was dismissed.  In support of his contention appellant/complainant has filed his own affidavit.
4.         In view of the above, there is no reason to disbelieve the contention of appellant/complainant. As such the appeal stands allowed and order dated 26.04.2017 by which complaint was dismissed in default is set aside and complaint is restore to its original number and position.
5.         Parties are directed to appear before Ld. District Forum on 29.11.2019 and District Forum shall proceed further in the matter in accordance with law.
6.         A copy of the order as per the statutory requirements be forwarded to the appellant/complainant free of costs and also to the District Forum, New Delhi. Thereafter, the file be consigned to record room.

 

 (Salma Noor)

Presiding Member