RAJAT GANDHI Vs. PAREENA INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) The present Appeal has been filed against the order dtd. 25/9/2019 of the Delhi State Consumer Disputes Redressal Commission (for short "the State Commission") whereby the Complaint No.2056 of 2017 filed by the Appellants was dismissed in default on account of their non-appearance.

(2.) It is submitted by the learned Counsel for the Complainants/Appellants that he could not attend the proceedings before the State Commission on 25/9/2019 since he had noted the wrong date. It is further submitted that instead of noting the date 25/9/2019, he noted the date as 25/10/2019 and it was only on 25/10/2019 when he came to attend the proceedings that he learnt that his case was dismissed in default. On these contentions, it is prayed that a lenient view be taken; the impugned order be set aside and the Complaint be restored.

(3.) It is argued on behalf of the Respondent that the Appeal is liable to be dismissed as there exists no ground for setting aside the impugned order. It is submitted that the Complainants are chronic defaulter and not only on 25/9/2019, they also failed to appear before the State Commission on 14/2/2019, as recorded in the impugned order and therefore, they do not deserve any leniency. It is also submitted that after dismissal of their Complaint, they filed a Petition before the NCLT which due to a notification became non-maintainable and therefore, they withdrew it. On these contentions, it is submitted that the Appeal be dismissed.