State Consumer Disputes Redressal Commission
Canadian Institute Of International ... vs Ekta Sharma on 19 March, 2013
IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision : 19.3.2013 First Appeal 139/2012 (Arising out of the order dated 4.8.2011 passed by the District Forum-X, Udyog Sadan, Qutab Institutional Area, New Delhi in complaint case No. 703/2006 Canadian Institute of International Studies (now known as Continental Institute of International Studies) & Anr. Village Jalvehra, PO Nabhipur, GT Road, NH-1, Distt. Fatehgarh Sahib, Punjab Though its Authorised Representative Mr. Bharat Lal World Wide Immigration Consultancy Services Ltd. (WWICS, DLF Centre, Mezzanine Floor, Savitri Commercial Complex, Greater Kailash-II, New Delhi Though its Authorised Representative Mr. Bharat Lal ....Appellants VS Mrs. Ekta Sharma W/o Sh. Rumeet Sharma, Q/1A, Jangpura Extn., New Delhi-110 014 ..Respondent CORAM Justice Barkat Ali Zaidi Salma Noor, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
SALMA NOOR, MEMBER
1. This appeal by the OP of the case No.703/2006 is directed against the order dated 4.8.2011 of the CDRF-X, Udyog Sadan, Qutab Institutional Area, New Delhi Delhi whereby the complaint of the respondent was allowed and the appellant was directed to refund 50% of the fee/charges.
2. The appeal is accompanied by an application for condonation of delay in filing the appeal. According to the appellant himself there is a delay of 135 days in filing the appeal.
3. We have heard Shri Sunil Goel, Counsel for the Appellant and Shri Sangram Patnaik, Counsel for the Respondent and perused the material on record.
4. It is admitted by the applicant in its applications that there is a delay of 135 days in filing the appeal. The version of the appellant is that he has not received the copy of the impugned order dated 4.8.2011 as he has shifted his office from C-2 Phase-I Industrial Area, Mohali, Punjab to A-31, 3rd Floor, Near Raja Garden Chowk, Rajouri Garden, New Delhi-110 027 in the year 2010 by virtue of letter dated 17.7.2010.
5. We have carefully gone through the record which shows that the District Forum passed the order on 4.8.2011 and the applicant shifted his working place to a new place on 17.7.2010. It shows that the applicant shifted his office to a new place during the pendency of the complaint case No.703/2006 before the District Forum. Therefore it was the duty of the applicant to furnish/file their changed address before the District Forum during the pendency of the case according to the Order 6 Rule 14A sub-rule 1 & 2 of CPC. It shows that the applicant willingly not provided his changed address to the District Forum and how now he cannot take benefit of their own wrong.
6. Further plea taken by the applicant is also wrong that he come to know about the impugned order only on 2.12.2011 when he went to the Forum to inquire about the case and came to know that the order has already been passed. It has to mention here that it was a contested case and the applicant was regularly appearing before the District Forum, hence it was the duty of the applicant to inquire about the fate of the complaint case, if at all they have not received the copy of the impugned order for such a long time. So the plea taken by the applicant is false and not sustainable. The reason given therefore is wholly insufficient and consequently unacceptable.
7. The law of the Supreme Court followed by National Commission and this Commission in this regard is well settled. Reference can be made to few of such recently decided cases cited below:
Delhi Development Authority vs. Gurinder Kaur Kohli-III 2010 CPJ 248 (NC) HUDA vs Krishna Devi III 2010 CPJ 202 (NC) HUDA vs Randhir Singh III 2010 CPJ 202 (NC) Narayana I.I.T. Academy vs. R.K. Sharma III 2010 191 (DSCDRC)
8. Consequently we dismiss the appeal on the ground of its being time barred.
9 FDR, if any, deposited by the appellant be released after completing due formalities.
10. Copy of this order be provided to the parties free of cost and a copy of this order be also sent to concerned District Forum and thereafter, file be consigned to record room.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member Arya