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Consumer must not suffer for counsel’s mistake, says commission

BY JATIN RAMAIYA

Serafiao Bernabe Vaz, proprietor of Gaylin Chinese Restaurant, Margao, had approached the Goa State Consumer Disputes Redressal Commission at Panaji against the order dated July 2, 2014, vide which the members of South Goa District Consumer Forum dismissed the consumer complaint filed against one Suraj Kumar Pode and M/s Celsius Refrigeration Pvt Ltd for non prosecution.It was the case of Serafiao Bernabe Vaz that his advocate appeared before the district forum on April 07, 2014 but due to oversight failed to record the next date on his diary i.e. May 5, 2014 and having failed to record the said date did not attend the forum on May 5, 2014, June 3, 2014 as well as on July 2, 2014 when the consumer complaint came to be dismissed for non prosecution, and, came to know about the said dismissal only on July 19, 2014 when he, on receipt of the order of dismissal for non prosecution, phoned the advocate when the advocate realised that he had not recorded the next date when the matter was taken up on April 7, 2014. Vaz’s case was supported by an affidavit of his advocate before the forum and therefore, the commission allowed the appeal whilst setting aside the order of dismissal passed by the district forum the Commission observed that: “We find that the complaint came to be dismissed on account of the mistake made by the complainant’s advocate in not recording the date, for which the complainant should not be made to suffer.”

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