Dr. Anil Kumar Singh vs Wipro G.E. Healthcare

This appeal has been filed against the judgment dated 29.11.2019 passed by the Bihar State Consumer Disputes Redressal Commission, Patna ('the State Commission') in Complaint no. 31 of 2013, whereby, the complaint of the appellant was dismissed for non-prosecution. Learned counsel for the appellant states that there is a delay of 225 days in filing the appeal, however, there was a delay of 32 days before the locked down. In these circumstances, the delay is condoned.

On merit also the learned counsel for the appellant states that the counsel of the complainant was arrested on 30.05.2019 and the counsel was appearing before his arrest before the State Commission on each and every date. Learned counsel for the appellant was appearing before the State Commission when the impugned order was passed when the complaint was dismissed. Learned counsel for the appellant has filed the copy of the FIR and the arrest memo. Learned counsel further states that the pleadings in the matter were complete and the matter was only to be heard finally. In these circumstances, it has been observed by the learned counsel for the appellant that the matter be remanded to the State Commission for final adjudication.

We have carefully considered the arguments advanced by the learned counsel for the appellant. Due to the present Corona Pandemic and keeping in view the fact that as the pleadings in the matter are complete and for providing substantive justice to both the parties, we are not issuing any notice in the present matter. Accordingly, we deem it appropriate to set aside the order of the State Commission at a cost of Rs.30,000/- to be deposited with the Legal Aid Account of the State Commission and if the State Commission does not have any legal account the same be deposited with the State Consumer Fund, however, this is left to the State Commission. Accordingly, the matter is remanded to the State Commission after giving due opportunities of hearing to both the parties. The State Commission shall decide the complaint as early as possible.

Parties to appear before the State Commission on 10th December 2020.