CAPT.K.P.S.BHADOURIYA vs SHIVA ELECTRONICS

THIS is an appeal against the order dated 23.4.1997 passed by the District Consumer Disputes Redressal Forum, Gwalior in their Case No. 408 /95, wherein the District Forum has dismissed the application of the appellant for review/restoration of the earlier dismissed complaint as not maintainable.

HEARD the arguments of the appellant Counsel and perused the record of the case. The original complaint was dismissed by the District Forum "in default" on 27.5.1996. Against this, the complainant has presented on 31.5.1996 an application for restoration of the complaint. The District Forum has not stated in their order dated 27.5.1996 as to under what provision of law or Act or Rules, the District Forum has "dismissed" the complaint "in default". Even if, the Consumer Protection Act or Rules, there is no provision for restoration of a dismissed complaint/general law shall prevail. "Dismissal in default" is not disposal on merits. "Dismissal in default" means the proceedings are terminated for want of appearance of the complainant feeling that the complainant is not interested in pursuing his complaint. General law provides for restoration of a case "dismissed in default", simply for the reason that if the party absent, proves to the satisfaction of the Court that the said party was held-up from appearance on genuine grounds, the case may be restored. Non-restoration, without any reasons, amounts to denial of natural justice. We, therefore, admit this appeal and set aside the order of the District Forum and remand the case back to the Forum for disposal of the application, "on merits", Appeal allowed.