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Khaja Naimuddin v/s The M/s. Variety Automotives Pvt., Ltd., Rep. by its Manager

    FA No. 716 of 2014 Against CD No.159 of 2014

    Decided On, 24 November 2016

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE B.N. RAO NALLA
    By, PRESIDENT & THE HONOURABLE MR. PATIL VITHAL RAO
    By, MEMBER

    For the Appellant: M/s. Syed Ali Murtuza, Advocate. For the Respondent: M/s. Rakesh Sanghi, Advocate.



Judgment Text

Oral Order: (Patil Vithal Rao, Member)

The appellant is the complainant and the respondent is the opposite party before the District Consumer Forum, Ranga Reddy District in C.C.no.159/2014.

2. The appellant has filed th

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above said case seeking return of his vehicle [goods carriage LMV, AP 25W 3132] and Rs.50,000/- with interest and costs against the respondent herein. His claim is that after effecting necessary repairs to the said vehicle and having received the insurance amount from the insurer, Insurance Company of the vehicle, and also Rs.50,000/- from the appellant towards advance for the job work, the respondent failed to deliver the vehicle amounting to deficiency in service. The respondent has filed his written version before the District Forum to contest the claim.3. When the case was being adjourned from time to time, it seems, the appellant herein has failed to adduce evidence by way of evidence affidavit. Therefore, the impugned order was come to be passed which is as under :“Evidence Affidavit of complainant not filed. No representation for complainant. It appears he has no interest to prosecute his case. Hence the complaint is dismissed for default.”4. The contention of the appellant, in the present appeal, is that due to accident in the last week of November, 2014 he was bedridden and as such could not contact his counsel but the District Forum without considering the material evidence borne by record dismissed the complaint in default, instead of deciding the issue on merits. Be that as it may, in our opinion, the complainant has assigned a just and reasonable ground to consider the appeal sympathetically in his favour, more particularly, having regard to the nature of the dispute. Even otherwise both the learned Counsel appearing for the parties to the appeal have fairly conceded to remand the matter to the District Forum for disposal on merits in accordance with law by allowing the present appeal. In the given set up facts and circumstances, in our opinion, it will be just, necessary and expedient to allow the appeal in the interest of justice.5. In the result, the appeal is allowed by setting aside the impugned order and the matter is remanded back to the District Forum for fresh disposal on merits in accordance with law by restoring the case on its file. In the circumstances, the parties shall bear their own costs.
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