IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 19.05.2014
RP - 15/14
| M/s. T. R. Sawhney Motors Pvt. Ltd. Regd. Office : 508, FIE, Patparganj, Delhi Through its AR Shri Anil Mishra, Accounts Manager E-260, Amar Colony New Delhi – 110024 | .........Appellant |
VS
| Arun Kumar S/o Shri Virender Kumar R/o C-12, Lajpat Nagar, III New Delhi - 110024 | ………...Respondent |
CORAM
SALMA NOOR, MEMBER
N P KAUSHIK, MEMBER (JUDICIAL)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik, Member (Judicial)
1. In a complaint case bearing No.430A/2012, M/s. T. R. Sawhney Motors Pvt. Ltd. Vs. Arun Kumar filed before District Forum – II, Qutub Institutional Area, Mehrauli, Delhi, OP was ordered to be proceeded ex-parte against him by the District Forum on 11.07.2013 on account of non appearance of the OP.
2. That is what brings the OP/appellant in appeal before this Commission for setting aside ex-parte order against him.
3. We have heard Shri Suraj Goliyal, Advocate, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the respondent.
4. The version of the appellant/OP for non-appearance before the Forum is that the counsel deputed to appear before the Forum had left his services from the OP’s company without intimating the company about this matter, hence the matter could not be followed up and was proceeded ex-parte due to non appearance. There is no plausible reason not to rely and not to act upon this version of the appellant. It has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case before the Forum, so that the matter may be decided on merit. We, therefore, allow the appeal setting aside the ex-parte orders dated 11.07.2013 and remand the case back to District Consumer Disputes Redressal Forum – II, Qutub Institutional Area, Mehrauli, Delhi, with a direction to restore the complaint to its original number, and to proceed in the case according to law subject to the payment of costs of Rs.2000/-. The Appellant/OP is directed to appear before the District Consumer Disputes Redressal Forum – II, Qutub Institutional Area, Mehrauli, Delhi on the date already fixed before the Forum.
5. Copy of this order be sent to District Consumer Disputes Redressal Forum – II, Qutub Institutional Area, Mehrauli, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
