Delhi

StateCommission

A/311/2017

SAVITA GARG - Complainant(s)

Versus

TPDDL - Opp.Party(s)

TARUN AHUJA

06 Dec 2017

ORDER

 IN THE STATE COMMISSION : DELHI

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

 

Date of Decision: 06.12.2017

 

 

First Appeal No.311/2017

(Arising out of the order dated 06.12.2016 passed in Complaint Case No.2404/2006 by the District Consumer Disputes Redressal Forum, North West, Delhi)

 

Smt. Savita Garg,

W/o Shri Anil Kumar Garg,

R/o D-3/1, 2^nd Floor, Rana Pratap Bagh,

Delhi.                                                                                         ….Appellant

 

Versus

T.P.D.D.L.

District Civil Lines,

Delhi                                                                                         ….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 an appeal wherein prayer is made for recalling of the order dated 06.12.2016 by which complaint filed by the appellant/complainant bearing CC No.2404/2006 has been dismissed by the District Forum(North West) for non-appearance of the complainant.
2. Perusal of the impugned order shows that the appellant/complainant had stopped appearing in the complaint case and Ld. District Forum had to sent a notice to her for appearance. Even thereafter, appellant/complainant did not appear for three consecutive dates of hearing. Counsel for the appellant/complainant states that present is a billing dispute and great prejudice shall be caused to the appellant complainant in case the impugned order is not set aside. On the other hand, counsel for the respondent submits that appellant/complainant is not pursuing her case diligently. It is stated that complaint case was going on since 2006. In the year 2009, the appellant/complainant had stopped appearing in the matter and District Forum had to send notice to her for appearance. It is stated that even thereafter she did not appear regularly and again notice was sent to her for appearance before the Ld. District Forum.
3. We have considered the submissions made. The manner in which appellant/complainant has pursued her complaint shows that she was not vigilant in pursuing her mater. However, considering the stage of case when it was dismissed for non-appearance and also considering that the appellant/complainant will not be able to pursue her legal remedy which is available to her in law and in the interest of justice, we grant her one more opportunity to pursue her matter.
4. Accordingly, we accept this appeal, set aside the impugned order and restore the complaint to its original position subject to payment of costs of Rs.5,000/- to be deposited by the appellant/complainant in the State Consumer Welfare Fund (Legal Aid).
5. Parties shall appear before the District Forum on 02.02.2018. On the said date, the appellant/complainant shall produce the receipt of the deposit of the aforesaid amount before the Ld. District Forum. Thereafter, the District Forum shall proceed in the matter in accordance with law.
6. Appeal stands disposed of.
7. A copy of this order be sent to the parties and also to the concerned District Forum. Thereafter, the file be consigned to Record Room.

              File be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member