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High Court of DelhiCM(M)/953/2017

Prem Lata Sanghi & ORS v. Deutshe Lufthansa Aktiengesellschaft (Lufthansa German Airlines) & ANR

2017-11-21Hon'Ble Mr. Justice Rajiv Sahai Endlaw3 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 953/2017 & CM No.32020/2017 (for stay) PREM LATA SANGHI & ORS ..... Petitioners Through:

Ms. Maninder Acharya, Sr. Adv. with Mr. Om Prakash, Mr. Sahil Sood & Mr. Harshul Chaudhary, Advs.

Versus

DEUTSHE LUFTHANSA AKTIENGESELLSCHAFT (LUFTHANSA GERMAN AIRLINES) & ANR ..... Respondents Through:

Counsel for the respondent no.1 (appearance not given)

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 21.11.2017 1.

This order is in continuation of earlier orders dated 1st September, 2017, 25th September, 2017 and 31st October, 2017. 2.

The senior counsel for the petitioners states that an order dated 16th November, 2017 has been passed by the National Consumer Disputes Redressal Commission (NCDRC) on the application of the petitioners under Regulation 12 of the Consumer Protection Regulations, 2005 and has ordered the consumer complaint of the petitioners to be heard and disposed of by a bench having at least one member of judicial background in it. 3.

A copy of the order dated 16th November, 2017 passed by the NCDRC in Consumer Case No.43/2007 is handed over in the Court and is taken on record.

4.

The counsel for the contesting respondent no.1 states that with the passing of the order aforesaid, the grievance with which this petition was filed stands redressed and no further order is required to be passed in this petition.

5.

Mr. Hanumantha Rao, Joint Registrar, NCDRC, also present in person confirms and states that in accordance therewith, the matter will be listed before a bench with judicial background.

6.

The senior counsel for the petitioners states that though the grievance of the petitioners has been addressed but in the order dated 16th November, 2017 some observations have been made which was neither the contention nor the anxiety with which the application under Regulation 12 supra was filed by the petitioners. It is stated that the Hon'ble Presiding Member, in the order dated 16th November, 2017, has attributed to the petitioners lack of faith in the Administrative Members of NCDRC and which was never the contention of the petitioners. It is stated that the petitioners were merely agitating a legal issue and have full faith in all the members of the NCDRC and did not and do not mean any disrespect to any member particularly the Administrative Members of the NCDRC and it was so stated expressly in the application and in the synopsis of legal submissions. 7.

The senior counsel for the petitioners further expresses apprehension that the motives attributed to the petitioners may affect the petitioners in the proceedings.

8.

I have recorded the contentions of the senior counsel for the petitioners in detail so that the sentiments of the petitioners come on record. Else, I am confident that in the final adjudication, the observations made in the order dated 16th November, 2017 would not come in the way of decision in accordance with law.

9.

Since the grievance with which this petition was filed stands redressed, no further orders are necessary.

10.

The petition is disposed of.

Dasti under signature of Court Master.

RAJIV SAHAI ENDLAW, J NOVEMBER 21, 2017 'gsr'..