Jaladhar Sardar vs A.S. Enterprise & Ors

This appeal under section 19 of The Consumer Protection Act, 1986 is in challenge to the Order dated 15.06.2017 of the State Commission in complaint no. 19 of 2017.

We have heard learned counsel for the appellant (the ‘complainant’) and for the respondents no. 1 to no. 4 (the ‘opposite parties no. 1 to no. 4’).

No one for the respondents no. 5 to no. 8. (the ‘opposite parties no. 5 to no. 8’), who have not been served.

We have perused the material on record including inter alia the impugned Order dated 15.06.2017 of the State Commission, the application for condonation of delay in filing the appeal and the memorandum of appeal.

The appeal has been filed with self-admitted delay of 565 days.

Leaned counsel for the complainant draws attention to the reasons contained in the application for condonation of delay and requests that the delay may be condoned.

Learned counsel for the opposite parties no. 1 to no. 4 has no objection to the delay being condoned and the matter being decided on its merits.

In the interest of justice, inter alia having regard to the reasons contained in the application for condonation of delay, as also having regard to the submissions of the learned counsel, and in order to decide the matter on its merits rather than to dismiss it at the threshold of limitation, the delay in filing the appeal is condoned.

Vide its Order of 15.06.2017 the State Commission has dismissed the complaint for non-prosecution. The said Order is reproduced below for reference:

Dated : 15 Jun 2017

ORDER

Order No. 4

None appears for the Complainant when the record called on for hearing. On the last occasion also Complainant did not take any steps. O.P. No. 1 to 4 are represented through Mr. H. Brahmachari, Ld. Advocate. However, none appears for O.P. Nos. 5 to 8.

The facts and circumstances, the conduct of the Complainant goes to show that he is no longer interest to proceed with the complaint. As a result, the complaint is liable to be dismissed.

Consequently, the Petition of Complaint is dismissed for non prosecution.

Learned counsel for the complainant submits that the complainant has a good case on merit and wants opportunity to present his case before the State Commission. Submission is that the complainant will prejudicially suffer irreparably if the complaint is not restored and it may eventually lead to complete miscarriage of justice leaving the complainant remediless and helpless. He further submits that the complainant will dutifully take the necessary steps before the State Commission to ensure the due service of notice on the opposite parties no. 5 to no. 8.

Learned counsel for the opposite parties no. 1 to no. 4 submits that he has no objection to the complaint being restored and the matter being decided on merit by the State Commission.

Having objectively and impartially considered the nature of the dispute and the overall facts and circumstances as are being borne out by the record, it is deemed to be just and conscionable that opportunity be provided to the complainant for getting the matter adjudicated on merit before the State Commission.

This Commission is consciously refraining from detailing the facts or critiquing the matter since the dispute is as yet to be adjudicated on merit and it does not wish to in any manner colour the vision of the forum below.

The Order dated 15.06.2017 of the State Commission is set aside and the complaint is restored to its original number before the State Commission.

The complainant is sternly advised to conduct his case with due diligence before the State Commission.

The complainant and the opposite parties no. 1 to no. 4 are directed to appear before the State Commission on 19.06.2023.

The State Commission is requested to issue notice afresh to the opposite parties no. 5 to no. 8 and to adjudicate the complaint, as per the procedure, on merit, in accordance with the law. The steps for service of notice on the opposite parties no. 5 to no. 8 shall be undertaken by the complainant.

The Registry is requested to send a copy each of this Order to the parties and to their learned counsel immediately. It is also requested to forthwith send a copy of this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.