Madhya Pradesh

StateCommission

RP/19/92

AIR INDIA LTD. - Complainant(s)

Versus

SUDHIR TELANG - Opp.Party(s)

SH.M.CHOUKSEY

23 Jan 2020

ORDER

M. P. STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,

PLOT NO.76, ARERA HILLS, BHOPAL

 

REV.PETITION NO.92 OF 2019

(Arising out of order dated 12.12.2018 passed in Case.No.788/2015 by District Forum, Bhopal)

 

                       

                        AIR INDIA LTD.,

                        THRO STATION MANAGER,

                        AIRLINES HOUSE,

                        NR. RANG MAHAL TALKIES,

                        BHADBHADA ROAD,

                        BHOPAL.                                                             …  PETITIONER.

Versus

                       

1. SUDHIR TELANG,

R/O C-48, NEHRU NAGAR,

BHOPAL.

 

2. MAKE MY TRIP INDIAN  PVT. LTD.,

THRO LOCAL BR. OFFICE,

E-5/4, SHOPPING COMPLEX,

BITTAN MARKET, INFRONT OF HABIBGUNJ STATION,

BHOPAL.

 

3. DIRECTOR OF CIVIL AVIATION,

TECHNICAL SECTION,

SAFDARJUNG AIRPORT,

NEW DELHI.                                                         .… RESPONDENTS

 

BEFORE :

           

HON’BLE JUSTICE SHRI  SHANTANU S.KEMKAR             :       PRESIDENT

HON’BLE SMT.DR.MONIKA MALIK                               :       MEMBER

HON’BLE SHRI PRABHAT PARASHAR                      :       MEMBER

 

COUNSEL FOR PARTIES :

Shri Vishnu Tiwari, learned counsel for the petitioner.

Respondent in person.

 

O R D E R

(Passed on 23.01.2020)

                   The following order of the Commission was delivered by Justice Shantanu S. Kemkar, President:

                   Heard.  With the consent of the learned counsels for the parties the matter is finally heard.

2.                This revision  petition is directed against the order dated 28.01.2019 passed by the District Consumer Disputes Redressal Forum, Bhopal, (for short ‘Forum’) in complaint case no.714/18, whereby  the Forum has proceeded ex-parte against the petitioner / opposite party no.2 on the ground that inspite of service of notice the petitioner Opposite party no.2 did not appear and file reply.

3.                Learned counsel for the petitioner / complainant submits that notice of the complaint was received on 24.12.18 as is clear from the notice which has been enclosed with the revision petition. He submits before the lapse of 45 days from 24.12.2018, the Forum on 28.01.19 proceeded ex-parte against the petitioner.  Learned counsel for the petitioner submits that the petitioner has filed reply on 06.05.2019 but the same was not taken on record.

4.                Having regard to the fact that before lapse of 45 days the Forum proceeded ex-parte against the petitioner, we are of the view that the impugned order passed by the Forum of proceeding ex-parte against the petitioner deserves to be and is hereby set aside.  The petitioner is permitted to file reply, if not already filed, on the date of appearance as we are fixing.

5.                With the aforesaid directions, the revision petition is disposed of.  The parties are directed to appear before the Forum on 12.02.2020. 

6.                The Forum shall thereafter proceed in the complaint in accordance with law.