SUJATA CHHABRA Vs. NEW WELDON DRY CLEANERS

JUDGEMENT

(1.) The District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter to be referred as District Forum) took up Complaint Case No.440 of 2003 filed by the appellant Ms. Sujata Chhabra against New Weldon Drycleaners on 4.5.2004 and vide Zimini order dismissed the complaint case for want of evidence. Aggrieved by this order, the complainant has filed this appeal and after service of notice Mr. Vikas Bector, Advocate appeared on behalf of the respondent. Record of the complaint case was also summoned and received.

(2.) A perusal of the Zimini order would show that the District Forum called out the case several times on 4.5.2004 but neither the complainant nor anybody else on her behalf turned up. In the next line, it was mentioned that one Shri Harminder Singh, Advocate appeared as proxy and requested for adjournment. The said request was turned down on the ground that the evidence was not being adduced since long despite several opportunities having been offered to the complainant. The last line, vide which the case was dismissed read as under: ". . . . . So in these circumstances we find no option but to dismiss the case for want of evidence. The file be consigned. "

(3.) This Zimini order gives an impression that the case has been dismissed for want of evidence and it further appears that the case was not dismissed for default of the appearance of the appellant/complainant.