Justice (Retd.) Surjit Singh, President (Oral)
1. Present appeal is directed against the order dated 22.06.2013, of learned District Consumer Disputes Redressal Forum, Shimla, whereby appellants complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondent, has been dismissed in default. Earlier a revision petition was filed on 23.07.2013, challenging the aforesaid order dated 22.06.2013. Since the impugned order pertains to the dismissal of complaint and is, therefore, appealable, that revision petition was withdrawn on 18.09.2013, with liberty reserved to the revision petitioner to file an appeal. So, the present appeal was filed on 24.09.2013. Nobody has appeared for the respondent despite service.
2. We have heard learned counsel for the appellant and gone through the record.
3. It is stated in the grounds of appeal that instead of noting down the date to be 22.06.2013 in his diary, counsel engaged by the appellant noted down the date to be 22.07.2013, from the previous date and because of that, he did not appear on the date, when the matter was called. Copies of leaves from the diary of the counsel engaged by the appellant have been submitted with the grounds of appeal. The same are Annexures P/1 and P/2.
4. In view of the above stated position, appeal is allowed and impugned order set aside. The complaint is restored to file. Appellant is directed to appear before the learned District Consumer Disputes Redressal Forum, Shimla, on 20.05.2014.
5. A copy of this order be sent to each of the parties, free of cost, as per Rules.