IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 13.05.2025 (Online)

14.05.2024 (Physically)

Date of hearing :26.05.2025 Date of Decision : 11.06.2025 FIRST APPEAL NO. 236/2025 IN THE MATTER OF MR. RAJESH KUMAR S/O LATE MR. RAM KISHAN R/O: B-1, MAIN SERVICE ROAD, SECOND PUSTA, SONIA VIHAR DELHI-110094 MOBILE: 8285454647 (THROUGH Mr. S. M. Dixit &

Mr. Ashish Shukla, Advocates Mob. 9717827325

8447547248)

…APPLICANT/APPELLANT VERSUS

1. GOROX ELECTRIC VEHICLES (THROUGH ITS PARTNER MR ROCKY SHARMA) HOUSE NO. 628 (628 & 629), GROUND FLOOR POOTH KALAN EXTENSION, GRAM SABHA ROAD VILLAGE POOTH KALAN, DELHI-110086 NEAR ORTHO JUNCTION HOSPITAL MOBILE: 9604248121/8882042902/8368663584

2. OKINAWA AUTOTECH PRIVATE LIMITED CORPORATE OFFICE: UNIT NO. 651-654, 6TH FLOOR, JMD MEGAPOLIS, SECTOR 48, SOHNA ROAD, GURUGRAM, HARYANA-122018 THROUGH ITS DIRECTORS/AUTHORIZED PERSONS ....NON-APPLICANTS/RESPONDENTS CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Ashish Shukla and Mr. Rahul Kashyap, Counsel for the appellant (Email: ashishshukhaadvj@gmail.com & Mob:

8447547248).

PER: HON’BLE MS. PINKI, MEMBER (JUDICIAL)

1. The present appeal has been filed on 13.05.2025 (vide reference no.

202505131393 through online mode) and 14.05.2024 (physically) challenging the impugned order dated 13.02.2025 passed in Complaint Case No.197/2024 passed by the District Consumer Disputes Redressal Commission-IV (North East), D.C. Office Complex, Bunkar Vihar, Nand Nagri, Delhi – 110093 wherein the complaint was dismissed for non-prosecution.

2. This order will dispose off an application seeking condonation of delay in filing the appeal, filed along with the appeal. Affidavit of the appellant has been filed along with this application.

3. Record has been carefully and thoroughly perused.

4. The application has been preferred under Section 41 of the Consumer Protection Act, 2019 as it is arising out of Complaint Case No.197/2024.

5. Application for condonation of delay has been filed on various grounds. Para No. 4 to 11 of the application read as under:

“4. That the counsel for the Appellant has apprised him about the next date of hearing fixed in his case i.e. 16-12-2024, 07-01-2025 and 13-02-2025 but failed to apprised about the outcome of the case. On enquiry, the counsel said the case is running at the stage of order on application filed by the Respondent No 2 for condonation of delay.

5. That on 13-02-2025, the Opposite Party No.1 put their appearance through their proxy counsel however on that day unfortunately neither the appellant nor his counsel attended the proceedings.

6. That after passing of date fixed i.e. 13-02-2025, when the appellant enquired about his case status and next date of hearing, the counsel failed to revert. The appellant talked his counsel so many times for getting information of his case but the counsel did not inform about the same and always said that reverting soon.

7. That even till 25th March 2025, the counsel failed to revert and as such the appellant personally went to Ld. Commission North East Delhi to check the status of his case.

8. That the appellant visited the Ld. Commission on 26-03-2025 and only then he came to know about the dismissal of his case due to non-prosecution on 13-02-2025 and on the same day he obtained the certified copy of all order sheets including order dated

13-02-2025.

9. That thereafter the appellant approached the present counsel and handed over the case documents along with certified copies of the order sheets and requested to appeal against the dismissal order.

10. That the appellant come to know about the dismissal of his complaint only on 26-03-2025 when he visited the Ld. District Commission North East Delhi and obtained certified copies of the entire order sheet including the order dated 13-02-2025.

11. That now the appeal has been filed on 13-05-2025 which is under limitation period of 45 days as provided under section 41 of the Consumer