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Chandan Chugh vs Country Club India Ltd on 18 December, 2013

State Consumer Disputes Redressal Commission


Chandan Chugh vs Country Club India Ltd on 18 December, 2013

IN THE STATE COMMISSION:DELHI

(Constituted
under Section 9 of The Consumer Protection Act, 1986)

Date
of Decision: 18.12.2013

First
Appeal No. 500/13

Sh. Chandan Chugh

Appellant 50-B, LIG Flats,

Rajouri
Garden,

Indian Kanoon - http://indiankanoon.org/doc/42405341/

Chandan Chugh vs Country Club India Ltd on 18 December, 2013

New
Delhi.

Versus

M/s
Country Club India Ltd.
Respondent
5-9-16, Amrutha Castla,

Opposite
Secretariat

Hyderabad(AP-500016.

Also
at:

2.#25,
UG Floor,

Community
Centre,

East
of Kailash,

Indian Kanoon - http://indiankanoon.org/doc/42405341/

Chandan Chugh vs Country Club India Ltd on 18 December, 2013

New
Delhi.

88/1,
IInd Floor,

Aurvindo
Marg,

Near
Hauz Khas Adhchini,

New
Delhi.

CORAM

Justice
Barkat Ali Zaidi

Ms.
Salma Noor

President

Member

Indian Kanoon - http://indiankanoon.org/doc/42405341/

Chandan Chugh vs Country Club India Ltd on 18 December, 2013

Mr. NP Kaushik

Member(Judicial)

1.

Whether Reporters of local newspapers be allowed to see the judgment?


2. To be referred to the Reporter or not?

Justice Barkat Ali Zaidi, President
1. In a complaint case bearing No. 588/12 Chandan Chugh vs Country
Club India Pvt. Ltd. pending before District Consumer Forum-II, 21.3.13 was fixed, when the OP did
not appear, and the District Forum-II dismissed the complaint of the complainant for
non-appearance.
2. That is what brings the appellant complainant in appeal before this
Commission.
3. We have perused the record ourselves and there appears no need to hear the respondent in this
appeal
4. The version of the appellant complainant for non-appearance on 21.03.13 in the case is that, the
complainant had noted down a wrong dated 28.3.13 in place of the correct one 21.3.13 and that is
how the default occurred. There is no plausible reason not to rely and act upon this version of the
complainant. The position of the law is to be a bit liberal in such matters. For these reasons
therefore the appeal is allowed and order dated 21.3.13 passed by the District Forum dismissing the
complaint of the complainant for his non-appearance is set aside, and the case is remanded to
District Consumer Forum-II to take on its original number and to proceed in the case according to
law. The appellant through his counsel is directed to appear before the District Consumer Forum-II
in this complaint case on 17.01.14.

5. A copy of this order be sent to both the parties and also to District Consumer Forum-II(North
West) to place it on the record of complaint case No. 588/12 for information and compliance.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member (NP Kaushik) Member(Judicial)
ysc

Indian Kanoon - http://indiankanoon.org/doc/42405341/

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