At, Delhi State Consumer Disputes Redressal Commission New Delhi
By, THE HONOURABLE MR. JUSTICE A.P. CHOWDHRI
By, PRESIDENT; THE HONOURABLE MS. JUSTICE S. BRAR MEMBER & THE HONOURABLE MR. JUSTICE DESH BANDHU
For the Appellant: D.S. Bedi, Advocate. For the Respondent: None.
A.P. Chowdhri, President:
1. Notice issued to the respondent under Regd. cover has not been received back undelivered. Service is presumed, the respondent having failed to appear is proceeded ex-parte.
2. We have heard Mr. D.S. Bedi Counsel for the appellant. The appellant’s complaint was fixed for hearing before District Forum I on 5.1.95. The complainant have failed to appear, the complaint was dismissed for default. The District Forum is stated to have observed that it has no power to restore a complaint dismissed for default. In fact, in the presence of Mr. D.S. Bedi Counsel for the appellant, order was announced in another application to the above effect. Certified copy of the order was received on 27.3.95 and the present appeal filed before this Commission on 25.4,95. The appeal has thus been filed within 30 days and the same is within limitation. The dismissal order appears to have been passed without the O.P. being present. Normally, even the Civil Courts which are bound by the provisions of the Order 9, Rule 7 restore cases dismissed for default in the absence of both the parties. We are, therefore, of the view that it would be in the interest of justice if the matter is dealt with on merits according to law. We, therefore, allow the appeal and set aside the impugned order and direct the District Forum-I, to re-admit the complaint and proceed to decide the case according to law. The complainant is, therefore, dire
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cted to appear before District Forum-I on 24.8.95 for further proceedings in terms of the order, the appeal is disposed of in these terms. Appeal allowed