Delhi

StateCommission

RP/187/2016

JW MARRIOT HOTEL NEW DELHI AEROCITY - Complainant(s)

Versus

SUMER AGARWAL - Opp.Party(s)

JASMEET SINGH

07 Oct 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 0710.2016

 

 

Revision Petition No.187/2016

(Arising out of the order dated 24.05.2016 passed in Complaint Case No.08/2016 by the District Consumer Redressal ForumVII, New Delhi)

 

 

In the matter of:

 

 

JW Marriot Hotel, New Delhi Aerocity,

C/o Area Hotels and Consultancy Services Pvt. Ltd.,

Asset Area -4, Near Indira Gandhi Internatioal Airport,

New Delhi

                       ....Appellant

 

 

Versus

 

Mr. Sumer Agarwal,

S/o Late Shri Tirath Ram Agarwal,

B-4, Nirala Nagar,

Lucknow

....Respondent

 

 

CORAM

Justice Veena Birbal, President.

Ms. Salma Noor, Member.

 

 

 

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

 

2. To be referred to the reporter or not?

 

 

Justice Veena Birbal, President

 

 

1. This is a revision petition under Section 15 read with Section 17(1) (B) of the Consumer Protection Act 1986 (in short ‘the Act’) where prayer is made for setting aside the order dated 24.05.2016 passed by the District Forum-VII in CC No.08/2016, whereby the petitioner/ OP has been proceeded ex-parte..
2. The impugned order reads as under:

          

           “24.05.2016

Present:   PC for Comp.

                 None for OP.

                

 

       It is stated by PC for Comp. that OP has been duly served. However, OP did not appear for last date of hearing. In view of the fact  OP has been duly served is not appeared. Hence OP is proceeded ex-parte.

 

       Fixed 01.06.16 for ex-parte evidence.

 

3. After some arguments, counsel for respondent/complainant states that respondent has no objection if the impugned order is set aside subject to costs and opportunity be given to the petitioner/OP.
4. In view of the statement of counsel for the respondent/complainant as well as for effective disposal of the case on merit, subject to cost of Rs.5,000/- we accept this petition and the petitioner/OP is allowed to participate in the proceedings. Advance copy of the written statement has already been supplied to the respondent/complainant. It is stated that the matter is now listed on 19.10.2016 before the Ld. District Forum. Petitioner/OP is directed to file its written statement before Ld. District Forum by 13.10.2016 and shall pay costs to the respondent/complainant on the date fixed i.e. 19.10.2016.
5. The parties are directed to appear before the Ld. District Forum on 19.10.2016, when the petitioner/OP shall pay costs to the respondent/complainant and thereafter the District Forum shall proceeding further in the matter.
6. The petition stands disposed of accordingly.
7. Copy of this order be given to the parties and be also sent to the District Forum-VII, New Delhi for information.

           File be consigned to Record Room.