State Consumer Disputes Redressal Commission
Air India & Ors. vs Dr. P.K. Agarwal on 9 October, 2013
IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 09.10.2013 First Appeal No. 212/12 Managing Director Appellant Air India National Aviation Company of India Ltd., Airlines House, 113, Gurudwara Rakabganj Road, New Delhi-110001. Ms. K.A. Nagamani, Senior Manager, Air India. Versus Dr. P.K. Agrawal . Respondent A-602, Priyadarshini Apartments, 17, I.P. Extension, Delhi-110092. CORAM Justice Barkat Ali Zaidi President Ms. Salma Noor Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi, President
1. A complaint case bearing No. 781/11 Dr. P.K. Agarwal vs Air India Ltd.
was fixed for 14.11.11 before the District Consumer Forum, New Delhi, when the case was called out, the complainant was not present and the OP filed his vakalatnama and the written version. The Forum fixed the case for filing the rejoinder and evidence of the complainant for 2.3.12. Subsequently, during the course of the day, the complainant appeared and filed an application, inviting the attention of the Forum that the case was shown in the cause list for hearing at 2.30 p.m., whereas it was taken before the lunch, with a prayer the date fixed in the case be preponed, and on this application of the complainant, the District Forum ordered to issue a notice to the OP for 20.12.11 and for filing the rejoinder by the complainant.
2. On 20.12.11 none appeared for the OP in the complaint case and the complainant filed his rejoinder and evidence, and the Forum fixed the case for 24.1.12 for OPs evidence. On 24.1.12, none appeared for the OP, and the Forum heard the arguments of the complainant and decided the case on 7.2.12.
3. Aggrieved by this order, the appellant OP has come in appeal before this Commission.
4. We have heard Ms. Babita, counsel for the appellant and the respondent and his counsel in person in this appeal.
5. It has to be noticed that no intimation was given by the District Forum to the OP appellant for preponing the case for 20.12.11, and the OP appellant further alleges that in the registered letter sent to him by the complainant respondent there was no intimation of any date.
6. In these circumstances it appears appropriate that the exparte decree be set aside and the same is accordingly set aside and the case is remanded to District Consumer Forum, now North East for further proceedings according to law at the earliest. No order as to costs.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member ysc