State Consumer Disputes Redressal Commission
Qatar Airways vs Ashish Kumar on 18 February, 2016
Daily Order IN THE STATE COMMISSION (Constituted under section 9 of the Consumer Protection Act, 1986) Date of Decision: 18.02.2016 Revision Petition-8/2016 In the Matter of: Qatar Airways Ground Floor Dr. Gopal Das Bhavan, 28, Barakhamba Road, Connaught Place, New Delhi-110001 ......Appellant Versus Mr. Ashish Kumar, R/o B2/2287, Green Grade Apartments Vasant Kunj New Delhi-110070 .......Respondent CORAM Justice Veena Birbal, President Salma Noor, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
Justice Veena Birbal, President The order under challenge is dated 23.11.2015 by which the petitioner herein i.e. OP before the District Forum has been ex-parte.
It is stated that the petitioner/OP was never served with the notice of consumder consumer complaint and due to said reason, no appearance was made on behalf of the petitioner/OP before the Ld. District Forum on 23.11.2015.
It is stated that on 26.12.2015 when the counsel for the petitioner/OP, as a routine procedure in their office was updating and completing their files by printing out the orders in their various matters from the Confonet Website the counsel for appellant came across an entry in respect of above complaint case was immediately noticed as the counsel for appellant already had a file by the said name in their office and it was found that only legal notice was received by the petitioner/OP from the counsel for the respondent/complainant and no notice of consumer complaint was served.
It is further submitted that the petitioner/OP was also never served in the matter as in the notice incomplete address of petitioner/OP was stated.
It is stated that the address written in the consumer complaint is 28, Barakhmaba Road, Connaught Place, New Delhi whereas in the said Building there are various offices. It is stated that the respondent/complainant ought to have given the complete address of petitioner/OP. A copy of the notice also annexed.
We have perused the copy of the notice which is at 28 of the paper book. We have also seen the address of the petitioner/OP stated in the memo of parties of present appeal. We find that the address given in the notice is incomplete. There is an affidavit of Mr. Henry Moses, country Manager of petitioner/OP supporting the averments made in the petition.
Respondent has not put in appearance despite being served.
We find no reason to disbelieve the reasoning given for non appearance before the Ld. District Forum by the petitioner/OP.
In view of the reasoning given, we allow this petition and set aside the impugned order dated 23.11.2015 and grant opportunity to petitioner/OP to contest the case on merits.
The petitioner/OP shall appear before the District Forum on 09.03.2016. Thereafter, the District Forum shall proceed further in the matter in accordance with law.
A copy of the order be sent to the parties as well as to District Forum.
File be consigned to record room.
(Justice Veena Birbal) President (Salma Noor) Member