State Consumer Disputes Redressal Commission
Makemytrip (India) Pvt. Ltd. Having Its ... vs Sh. Manoj Kumar Verma, Resident Of Flat ... on 25 February, 2014
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA Revision Petition No.34 of 2014 Date of Institution: 17.02.2014 Date of Decision: 25.02.2014 MAKEMYTRIP ( INDIA) PVT. LTD. having its corporate office at Tower A, SP Infocity, Plot No.243, Udyog Vihar, Phase-I, Gurgaon 122 016. Petitioner (Opposite Party No.1) Versus 1. Sh. Manoj Kumar Verma, resident of Flat No.206, Block No.2, Jhelum Arorvansh CGHS, Plot No.8, Sector 5, Dwarka, New Delhi 110075. Respondent (Complainant) 2. M/s Delta Airlines, Chandralok, 36, Janpath, New Delhi 110001. 3. M/s Aeroflot Airlines, Tolstoy House, 15-17, Tolstoy Marg, New Delhi 110001. 4. M/s Etihad Airlines, 2nd Floor, Narain Manzil, 23, Barakhamba Road, New Delhi 110001. Respondents (Opposite Parties No.2 to 4) CORAM : Honble Mr. Justice Nawab Singh, President Mr. B.M. Bedi, Judicial Member.
Mrs. Urvashi Agnihotri, Member.
Present : Mr. Naveen Sharma, Advocate for the petitioner.
O R D E R Justice Nawab Singh, President (Oral):
This revision petition has been filed against the order dated February 04th, 2013 passed by the District Consumer Disputes Redressal Forum, (for short District Forum), Gurgaon, whereby, petitioner was proceeded ex parte.
2. Manoj Kumar Verma complainant (respondent No.1 herein) filed complaint under Section 12 of the Consumer Protection Act, 1986, before the District Forum alleging deficiency in service on the part of the opposite parties for non-refunding the amount of air tickets.
3. The application filed by the petitioner for setting aside the ex parte order was dismissed by the District Forum vide order dated December 17th, 2013.
4. Learned counsel for the petitioner has urged that an opportunity be granted to the petitioner to file written statement and contest the complaint.
5. The case is at its initial stage. It is well settled principle of law that no party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Therefore, this Commission deems it appropriate to allow the petitioner to contest the complaint.
6. Accordingly, this revision petition is accepted and the order dated February 04th, 2013 and December 17th, 2013 are set aside. Consequently, the petitioner is accorded one opportunity to file written statement and join the proceedings.
7. The petitioner is directed to appear before the District Forum, Gurgaon, on March 20th, 2014, the date fixed.
8. Copy of this order be sent to the District Forum forthwith.
Announced:
25.02.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President UK