IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 20.12.2023 Date of Hearing: 18.12.2025 Date of Decision: 15.01.2026 FIRST APPEAL NO. 664/2023 IN THE MATTER OF

1. GLOBUS HOLIDAYS THROUGH AUTHORIZED REPRESENTATIVE MR. AMIT KANOJIA

2. MR. SARANSH SHARMA (PARTNER)

3. MR. AMIT KANOJIA (PARTNER)

ALL HAVING OFFICE AT: 202, DDA TOWER-II, DISTRICT CENTRE, JANAKPURI, NEW DELHI-110058 (Through: Mr. Varun Mudgal and Abhishek Rana, Advocates )

...Appellants Versus SHAMBU AGGARWAL S/O PRAHALAD PRASAD AGARWAL R/O S-35, 1ST FLOOR, NEAR K.R. MANGALAM SCHOOL, GREATER KAILASH PART-2, GREATER KAILASH, SOUTH DELHI, DELHI-110048 (Through: Mr.U.K Singhal, Archit Singhal and Kritika Bajaj, Advocates )

……Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE) Present: Mr. Yash Sharma, Counsel for the appellant (Mobile:

8826711014) appeared through VC Mr. Pratham Sharma, Counsel for the respondent (Mobile: 9999494462) appeared through VC PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. By way of the present Appeal, the Appellant has challenged the order dated 23.11.2023, whereby the District Commission proceeded ex-parte against the Appellant/Opposite Party and held as under :

“OPS ARE PROCEEDED EXPARTE. LIST AGAIN ON 26/4/24 FOR EXPARTE EVIDENCE.”

2. The Appellant has challenged the aforesaid order dated 23.11.2023 on the following grounds:

“8. That on dated 23.11.2023, the complaint case was fixed for the appearance of the appellants, however the counsel didn't appeared before the District forum and also not filed the reply thereafter proceeded Ex. parte proceedings against the respondent in default for non-appearance of respondents.

9. That inadvertently the non-appearance of appellants is caused due to the reason that the counsel who was engaged by the appellants stuck in the cases pending before the Hon'ble High Court of Delhi. It is further submitted herein that the counsel has also appeared on the said date before the Hon'ble District Judge, Dwarka Court through VC in commercial case pending between the same parties. A copy of the orders passed by the Hon'ble High Court, District Court as well as cause list of the Hon'ble High Court of Delhi reflecting the name of the counsel for the appellant is annexed as ANNEXURE -2(COLLY.

10. Because the act of non-appearance before the Hon'ble Consumer Forum is neither intentionally nor deliberately. It is only due to the above unforeseen circumstances of the counsel who hasn't been appeared on the said date and also not filed the reply within a stipulated period of time which is beyond the control of the counsel. 11. Because the Appellants have prima-facie a good case on facts and merits, which need to be examined, appreciated and considered by this Hon'ble State Commission to appropriately and adequately adjudicate the dispute between the parties and hence, the denial of defence by the appellants, would cause serious pre-judice, irreparable loss and injury to the Answering appellants, which cannot be compensated otherwise.

12. Because if the present appeal of the appellants is allowed, no prejudice will caused to the respondent, rather the District Consumer Forum will decide the case with fairness and justice to the parties after seeing the response filed by the present appellants.

13. That, in case if the instant appeal is not allowed by this Hon'ble Stat Commission, then the appellants will suffer irreparable loss and injury which cannot be compensated otherwise and apart from this, it fails put his defence to defend the present case, appellant shall be grateful the act of kindness if the present appeal is allowed.”

3. The Respondent has filed the reply to the present Appeal and has stated therein that the present Appeal is entirely vexatious. It is submitted that the Appellant was served the court notice on 09.05.2023, however, the appellant failed to appear on 12.07.2023 and 23.11.2023. It is further submitted that