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Munish Kumar v/s Samsung India Electronics Private Limited & Others

    First Appeal No. 1340 of 2017

    Decided On, 27 February 2019

    At, Haryana State Consumer Disputes Redressal Commission Panchkula

    By, MEMBER

    For the Appellant: Harkeerat Singh, Advocate. For the Respondents: R1, Simranjit Singh Sidhu, Advocate, R2 & R3, None.

Judgment Text

T.P.S. Mann J.

Complainant-Munish Kumar has filed the present appeal for challenging the order dated 17.10.2017 passed by the learned District Consumer Forum, Gurugram whereby complaint filed by him was dismissed for want of prosecution.

2. Upon notice, opposite party No. 1-Samsung India Electronics Private Limited put in appearance as respondent No.1. However, opposite parties No 2 and 3, who are respondents No.2 and 3 respectively did not put in appearance despite having been served.

3. The appellant had filed the complaint, which came up before the learned District Forum on 22.07.2016, when on hearing the appellant, notice was issued. After completion of service, the appellant examined his evidence on 17.02.2017. Thereafter, the complaint was adjourned to 17.10.2017 for awaiting the report of the expert. On 17.10.2017 neither the complainant put in appearance nor he was represented by his counsel. The case was taken up on two occasions, firstly at 11.40 A.M and thereafter at 03.15 p.m button remained the same. Accordingly, while observing that no further wait was justified, the learned District Forum dismissed the Complaint in default for want of prosecution.

4. Learned counsel for the appellant has submitted that the counsel representing him before the learned District Forum could not put in appearance on 17.10.2017 as he had noted a wrong date. In this regard, he has drawn the attention of the Commission to the affidavit (Annexure A-2) duly sworn in by his counsel Shri Sandeep Chaudhary. It is also submitted that earlier to 17.10.2017, the appellant was represented by his counsel on all the dates. Prayer has accordingly been made for accepting the appeal and for setting aside the order dated 17.10.2017 passed by learned District Forum while dismissing his complaint for want of prosecution.

5. Learned counsel for opposite party No. 1/respondent No.1 has controverter the stand taken by the appellant by submitting that the appellant's counsel before the learned District Forum was aware of the fact that the complaint was to be taken up on 17.10.2017. Despite the same, he did not put in appearance.

6. The Commission has examined the record and noticed that earlier to 17.10.2017, the complaint was taken up by the learned District Forum on eight different occasions and on all of them, the appellant was duly represented by his counsel. For the first time i.e. on 17.10.2017 his counsel did not put in appearance and for that reason, the complaint filed by him had been dismissed. The factum that the learned counsel for the appellant appearing before the learned District Forum could not appear on 17.10.2017 stands duly Explained by his counsel, who has sworn in his affidavit and the Commission has no reason to doubt the stand taken therein which fact is further corroborated as the relevant page of the diary maintained by the learned counsel for the complainant in respect to the cases, which he was to attend on 17.10.2017. Under these circumstances, it would be in the interest of justice to set aside the impugned order passed by the learned District Forum whereby the complaint filed by the appellant had been dismissed in default for want of prosecution.

7. Resultantly, the appeal is accepted, impugned order dated 17.10.2017 is set aside and the complaint is restored at its original number and place on

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the board of learned District Forum for further adjudication of the matter. However, this order shall be subject to costs of Rs.5000/- to be paid by the complainant to opposite party No.1 on 28.03.2019, for which date the parties shall appear before the Learned District Forum. 8. Copy of the order be sent to the learned District Forum. Ordered accordingly.