Date of Decision: 15.7.2014
Fa-675/2014
| Volkswagen Group Sales India Pvt. Ltd., Silver Utopia, 3rd and 4th Floor, Cardinal Gracious Road, Chakala, Andheri (East), Mumbai-400 099 | .........Appellant |
VS
| Mr. Avinesh Singh Bhati B-64, Qutab Enclave, DDA Flats, Phase-I, Satwaria Sarai, New Delhi-16 M/s Bhasin Motors (A Division of Bhasin Motors India Pvt. Ltd.) Volkswagen Delhi South, ‘N-12, New Delhi South Extn. Part-I, New Delhi-110 049 M/s Volkswagen Delhi Sough A-13, Mohan Co-Op Industrial Estate, Mathura Road, Sarita Vihar, New Delhi-110 044 | ………...Respondents |
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?
SALMA NOOR, MEMBER
1. In a complaint case bearing No. 626/2012 titled as Mr. Avinesh Singh Bhati VS. Bhasin Motors & Ors. pending before District Forum – II, Qutub Institutional Area, Mehrauli, Delhi, opposite party No.2 (in short OP) had not put his appearance before the District Forum on 20.5.2014.
2 In the present appeal before this Commission, OP/Appellant has prayed for setting aside the orders proceeding against him ex-parte.
3. We have heard Shri Abhishek Prasad, Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant/OP for non-appearance on 20.5.2014 in the case before the Forum is that the counsel who was defending his case before the Forum inadvertently jotted down incorrect date of hearing and the case was proceeded ex-parte against him due to non appearance.
5. We do not find any reason or not believing the version of the appellant/OP. Policy of law is not to stifle a contest. In such circumstances, a lenient view is required to be taken so as to allow the OP to contest the case on merits. Order dated 20.5.2014 passed by the District Forum against the appellant/OP is set aside, subject to payment of cost of Rs.2,000/- which the OP will pay to the complainant on the next date, with the direction to the District Forum that they will allow the appellant/OP to file the WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear, through his counsel, before the District Forum – II, Qutub Institutional Area, Mehrauli, Delhi in this case on the date fixed.
6. 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.
