The dismissal of a consumer complaint without hearing violates principles of natural justice, necessitating restoration of the case for adjudication on merits.

(Delivered by Hon’ble Smt. Sudha Upadhyay, Member

1- Heard Sri A.K. Zaidi, learned counsel appearing on behalf of the appellant and perused the entire record.

2- This appeal has been filed by the appellant against the order dated 2.4.2025 passed by the learned District Consumer Commission-I, Agra in complaint case no.271 of 2024, Mohd. Akil Alam vs. Amazon Retail India Pvt. Ltd. whereby the aforesaid complaint was dismissed in default of the appellant/ complainant.

3- Since the complaint has been dismissed by means of the impugned order in default of the appellant, therefore, in view of the order proposed to be passed, notice to the respondent is hereby dispensed with.

4- Accordingly, the instant appeal is proposed to be disposed of finally at the stage of admission.

5- Learned counsel for the appellant argues that the impugned order has caused great mental and financial loss to the appellant as the complaint has not been decided on merit. No opportunity of hearing was afforded to the present appellant. It has further resulted in miscarriage of justice and there has been violation of principal of natural justice, therefore, it is fit case for interference by this Commission. Therefore, he prays that the impugned judgment and order dated 2.4.2025 passed in complaint case no.271 of 2024 deserves to be set aside and the matter deserves to be remanded to the learned District Commission for its decision on merits.

6- Having heard the submission of learned counsel for the appellant and upon perusal of entire record and without expressing any opinion on merits of the complaint case no.271 of 2024, only with a view to afford a reasonable opportunity of hearing to the appellant, the bench is of considered view that the appellant/complainant should be given a last opportunity to appear before the learned District Commission to pursue his complaint case in accordance with law for disposal of the complaint case no.271 of 2024 on merits.

7- For the aforesaid over all reasons, the appeal deserves to be allowed. The impugned order dated 2.4.2025 deserves to be set aside and the matter deserves to be remanded to the learned District Commission for its disposal afresh on merits.

ORDER

8- The appeal is allowed. The impugned judgment and order dated 2.4.2025 passed by the learned District Consumer Commission-1, Agra in complaint case no.271 of 2024 is set aside and the case is remanded to the learned District Consumer Commission concerned with the direction to restore the complaint to its original number and to decide the complaint afresh after affording the opportunity to both the parties, in accordance with law.

9- The appellant/complainant shall appear before the District Consumer Commission concerned on 18.8.2025 positively without seeking any unnecessary adjournment. He shall also cooperate in getting the complaint case no.271 of

2024 decided expeditiously.

10- The learned District Consumer Commission shall also put the respondent/opposite party of complaint case no.271 of 2024 to notice before proceeding further.

11- Let copy of this order be made available to the parties as per rules.

12- Let this order be uploaded on website of this Commission at the earliest.