Whether consumer court can dismiss the complaint / Appeal for non prosecution when the matter was already heard and reserved for order ?

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State Bank of India filed Appeal against the District Forum order. The matter was heard on 3 dates and order was reserved. Due to absence of SBI on 3 dates, the State Commission dismissed the appeal for non-prosecution. 

 

Hon'ble NCDRC in revision jurisdiction has held that if a matter has been heard and the order has been reserved by a court of law, tribunal or any authority then even on the date fixed if nobody appears on behalf of either of the parties, the matter cannot be dismissed in default, it has to be decided on merits on basis of arguments already advance by the parties when order was reserved.

Hence, the impugned order of the State Commission dismissing the appeal for non- prosecution is set aside.


[Revision Petition No. 160/2022, NCDRC, Judgment dated 21/11/2022]


Shubham Budhiraja 

[LLB, ACS, BCOM(H)]

Budhirajalawchambers@gmail.com 

M: +91-9654055315

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