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Judgment
Avm J. Rajendra, Avsm Vsm (Retd.), Presiding Member
This Revision Petition is filed under Section 58(1)(b) of the Consumer Protection Act, 2019, against the impugned order dated 20.07.2022, passed by the State Consumer Disputes Redressal Commission, New Delhi (‘the State Commission’) whereby the State Commission dismissed FA No. 583/19 for non-prosecution and the order dated 23.10.2019 of the New Delhi District Consumer Disputes Redressal Forum (‘the District Forum’) whereby the District Forum dismissed the Consumer Complaint No.294 of 2013 in default.
Heard the Authorized Representative (AR) of the Petitioner/ Complainant and the learned Counsel for the Respondent and perused the material available on record.
The AR of the Petitioner/Complainant submits that the Complainant could not appear before the District Forum on 23.10.2019 as bereavement in the family and also the Complainant could not appear on 20.07.2022 before the State Commission due to Covid-19. The AR regretted the inadvertence in non-appearance which has led to its dismissal of his complaint. He pleaded that the Complainant is genuinely interested in pursuing the matter and that the consideration made while dismissing the complaint is not based on facts. He, therefore, sought the matter be remanded to the District Forum for restore to its Original Number and disposed of on merits.
On the other hand, learned counsel for the Respondent argued in favour of the impugned order passed by the Fora below. She sought to dismiss the Revision Petition with costs.
Considering the submissions made and arguments advanced, the order of learned State Commission dated 20.07.2022 and the order dated 23.10.2019 of the District Forum are set aside, subject to the Petitioner depositing Rs. 5,000/- as costs in the Consumer Legal Aid Account – at the learned District Forum within a period of four weeks from the date of this order. Subject thereto, Consumer Complaint No.294 of 2013 is restored to its original number before the District Forum and the learned District Forum is requested to consider the complaint as per law.
Consequently, Revision Petition No. 1366 of 2022 is allowed.
All pending Applications, if any, stand disposed of accordingly.
All parties are directed to appear before the learned District Forum on 10.07.2024. The Petitioner is directed to file the proof of deposit of cost before the District Forum on that date.