Neeraj Mittal v. Subhash Sachdeva & Ors.

Delhi High Court · 21 Oct 2024 · 2024:DHC:8203
Manoj Jain
CM(M) 3668/2024
2024:DHC:8203
civil other

AI Summary

The Delhi High Court directed the Registrar of the State Consumer Commission to procure records from the District Forum to facilitate hearing of a seven-year pending appeal, without imposing a strict timeline for disposal.

Full Text
Translation output
CM(M) 3668/2024 1
HIGH COURT OF DELHI
Date of Decision: 21th October, 2024
CM(M) 3668/2024 & CM APPL. 61919/2024
NEERAJ MITTAL .....Petitioner
Through: Mr. S C Singhal, Advocate.
VERSUS
SUBHASH SACHDEVA & ORS. .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The petitioner had earlier filed a complaint before District Forum, Shalimar Bagh, Delhi. Such complaint was dismissed in default way back on 17.11.2016.

2. Feeling aggrieved, the complainant (petitioner herein) preferred an appeal before the learned State Consumer Disputes Redressal Commission, Delhi.

3. The request in the present petition is limited to the effect that the learned State Commission may be directed to hear the above said appeal expeditiously, as the same is pending for last around seven years.

4. It is contended that various previous orders would indicate that nobody appeared from the opposite side despite grant of numerous opportunities and the right of the respondent to file written arguments had also been closed. It is submitted that the matter is lingering on because of the fact that the Registrar of the learned State Commission has not been able to get the requisite record from the District Forum. CM(M) 3668/2024 2

5. The next date before the learned State Commission is stated to be on 03.02.2025.

6. Keeping in mind the workload before the State Commission, it is not desirable to give any direction to decide the aforesaid appeal in a time-bound manner but keeping in mind the fact that the matter is lingering on, merely, because of the non-production of the record from the District Forum, the petition is disposed of with the direction that the concerned Registrar of the learned State Commission would ensure that such record is duly obtained from the concerned District Forum and is placed before the learned State Commission on the date fixed for its due consideration.

7. The petition stands disposed of with the aforesaid directions.

JUDGE OCTOBER 21, 2024