State Consumer Disputes Redressal Commission
Nishi Kinger vs Dda & Anr. on 29 August, 2019
Daily Order THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) First Appeal No.230/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.233/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Nishi Kinger ... Appellant Versus Delhi Development Authority & Another ... Respondents
First Appeal No.231/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.213/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Bhim Singh ... Appellant Versus Delhi Development Authority & Another ... Respondents First Appeal No.233/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.227/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Anil Bajaj ... Appellant Versus Delhi Development Authority & Another ... Respondents First Appeal No.236/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.218/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Shakuntla Narang ... Appellant Versus Delhi Development Authority & Another ... Respondents First Appeal No.241/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.211/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) (Late) Shri Dalip Singh ... Appellant Versus Delhi Development Authority & Another ... Respondents First Appeal No.242/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.215/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Amarjeet Singh ... Appellant Versus Delhi Development Authority & Another ... Respondents First Appeal No.243/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.236/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Premnath Sharma ... Appellant Versus Delhi Development Authority & Another ... Respondents First Appeal No.244/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.231/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Raj Rani ... Appellant Versus Delhi Development Authority & Another ... Respondents First Appeal No.245/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.222/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) (Late) Jugal Kishore Chawla ... Appellant Versus Delhi Development Authority & Another ... Respondents 10. First Appeal No.246/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.210/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Lok Ram Sharma ... Appellant Versus Delhi Development Authority & Another ... Respondents 11. First Appeal No.250/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.224/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Yogesh Kumar ... Appellant Versus Delhi Development Authority & Another ... Respondents 12. First Appeal No.252/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.235/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Prakash Chandra ... Appellant Versus Delhi Development Authority & Another ... Respondents 13. First Appeal No.254/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.232/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Surender Ahuja ... Appellant Versus Delhi Development Authority & Another ... Respondents 14. First Appeal No.255/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.238/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Raj Kumar Gupta ... Appellant Versus Delhi Development Authority & Another ... Respondents 15. First Appeal No.259/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.214/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Mahendra Prakash ... Appellant Versus Delhi Development Authority & Another ... Respondents 16. First Appeal No.260/2019 (Arising out of the order dated 15.03.2019 passed in Complaint Case No.229/2018 by the District Consumer Disputes Redressal Forum, (Central), Kashmere Gate, New Delhi) Krishna Rani ... Appellant Versus Delhi Development Authority & Another ... Respondents BEFORE:
Ms. Salma Noor, Presiding Member For the Appellant Mr. Nikhil Singh, Counsel for Appellant.
For the Respondents Mr. Faisal Naseem, Counsel for Respondent-1.
Mr. Amandeep Joshi, Counsel for Respondent-2.
Dated: 29th August, 2019 ORDER Ms. Salma Noor, Presiding Member By way of this common order I shall be disposing of the aforementioned 16 appeals as all the complaints filed by the appellant herein i.e. the complainant before District Forum have been dismissed in default on the same day i.e. 15.03.2019 and reason for non-appearance on the said date is also same.
The reasoning given by the appellant for his non-appearance on 21.01.2019 is that counsel for the complainant had another matter listed before the NCLT and by the time he reached the District Forum the case was already adjourned to 15.03.2019. The reasoning given for non-appearance on 15.03.2019 the date on which complaint was dismissed in default. It is stated that his counsel could not appear before the District Forum due to some causality happened in his family and he had to rush to Jaipur.
It is submitted that great prejudice shall be caused to the appellant/complainant if the impugned order is not set aside as the appellant/complainant belongs to the weaker section of the society.
After some arguments, counsel for respondents/OPs submits that they have no objection if the impugned order is set aside and appellant/complainant is granted opportunity to contest the case on merits.
In view of aforesaid reasoning given for non-appearance of the appellant/complainant on the date fixed before District Forum which is supported with the affidavit of appellant/complainant. I find no reason to disbelieve the same, keeping in mind the interest of justice as well as for effective disposal of the case on merits and the consent of respondents/OPs I accept this appeal, set aside the impugned order and restore the complaint to its original position.
Appellant/complainant is warned to be cautious in future.
Parties are directed to appear before District Forum on 31.10.2019. Thereafter, Ld. District Forum, shall proceed further in the mater in accordance with law.
A copy of this order as per the statutory requirement be forwarded to the parties free of charge and also to the concerned District Forum.
File be consigned to Record Room.
(Salma Noor) Presiding Member