Tribunals and CommissionsSingle Bench(2023) 07 NCDRC CK 0103

Ram Govind Tripathi & Anr vs Gwalior Development Authority & Anr

National Consumer Disputes Redressal Commission · Decided on 18 July 2023

HON’BLE JUDGES
Ram Surat Ram Maurya, Presiding Member
RESULT
Allowed
CASE NUMBER
First Appeal No. 586 Of 2022

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Judgment

5 paragraphs · 204 words

Ram Surat Ram Maurya, Presiding Member

1.

Heard counsel for the parties.

2.

The above appeal has been filed against the order of State Consumer Disputes Redressal Commission, Madhya Pradesh dated 27.06.2022 by which the complaint of the complainant was dismissed in default.  In the impugned order, the State Commission has noticed that the complainant did not appear on 12.02.2021 and 19.05.2022 and again on 27.06.2022.  So far as 12.02.2021 and 19.05.2022 are concerned, these were Covid-19 period and mostly lockdown were imposed, therefore, the complainants did not appear on these dates.  The counsel for the opposite party, however, objects in respect of default on 27.06.2022, but there is nothing on record that the date fixed on 27.06.2022 was communicated to the complainants.  Therefore, the default committed on 27.06.2022 is also explained.

ORDER

In the result, the appeal succeeds and is allowed.  The order of the State Commission dated 27.06.2022 is set aside.  The complaint Case No.73/2014 is restored to its original number.  The complainant is appearing before this court will appear before the State Commission on 31.07.2023 along with certified copy of the order.  On that date, the State Commission shall fix a date according to its convenience and proceed with the matter.