State Consumer Disputes Redressal Commission
Sunil Kumar Saxena & Anr. vs M/S Spire Techpark Pvt. Ltd. & Anr. on 8 March, 2017
Daily Order Present: Sh. Vikas Aggarwal, Counsel for the Appellant. Sh. K.C. Joshi, Counsel for the Respondents.
This is an appeal wherein challenge is made to order dated 18.04.2016 passed by the Consumer Disputes Redressal Forum (South West), Sheikh Sarai, New Delhi in complaint case No. 126/14 by which the complaint filed by the appellant herein i.e. complainant before the Ld. District Forum stands dismissed for non appearance.
The aforesaid order reads as under:
"Case called out at 2:40 pm. None appeared for compl. Hence, complaint is dismissed in default. File be consigned to record room.
It is stated that the appellant/complainant is a bank officer and is posted in Lucknow. It is further stated that the complaint case was enterested to a lawyer and the said lawyer was pursuing the matter. It is stated that the next date in the matter was 18.04.2016. However, the counsel for the appellant/complainant noted the same as 28.04.2016 and when on the said date counsel for the appellant/complainant went to attend the matter, he come to know that the same had been dismissed for non appearance on 18.04.2016.
The application is supported with affidavit of the appellant as well as counsel for the appellant.
Nothing contrary is pointed out on behalf of respondents.
In view of the reasoning given, we accept this appeal and set aside the impugned order dated 18.04.2017 and restore the complaint to its original position.
Let the parties to appear before the Ld. District Forum on 08.05.2017.
The Ld. District Forum shall proceed further in the matter in accordance with law.
The appeal stands disposed of.
A copy of the order be sent to the parties as well as to Ld. District Forum for necessary information.
File be consigned to record room.