Date of decision: 04.07.2014

First Appeal- 145/2014

Smt. Gurpreet Kaur Sabharwal

Wife of Sh. Jaswinder Singh

R/o A-30, Shanka Garden,

Vikas Puri,

New Delhi.                                                                               …..Appellant

VERSUS

M/s Aviva Life Insurance Co.,

Office at B-1/632, 3^rd Floor,

Janak Puri,

New Delhi-110058 

Also at:

5^th Floor,

MD Regent Square,

Gurgaon Mehrauli Road,

Gurgaon,

Haryana.                                                                              …..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?

Salma Noor, Member

1)           In a complaint case bearing no. 755/2010, Smt. Gurpreet Kaur Sabharwal Vs M/s Aviva Life Insurance Co., filed before District Forum- III, Janakpuri, New Delhi the Complainant absented himself on 23.02.2012, the date fixed for hearing, and the Forum dismissed the complaint in complainant’s default.

2)      That is what brings the Complainant/ Appellant in appeal before this Commission.

3)       We have heard, counsel for the both the parties at the admission stage itself.

4)     The version of the Complainant appellant for his non appearance before the Forum is that on 23.02.2013 when this case was fixed before the Forum was declared a holiday and the case was adjourned to 05.05.2012. On 05.05.2012 when the counsel for the appellant was appeared before the Forum he came to know that the matter was already dismissed in default on 23.02.2013. To support his version the appellant has filed an affidavit. There is no plausible reason not to rely and not to Act upon this version of the appellant besides that. It has never been the policy of the law to stifle to contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parities 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 dismissal orders dt. 23.02.2013 in question, and remand the case back to District Forum- III, Janakpuri, New Delhi with a direction to restore the complaint on its original number, and to further proceed in the case according to law, the Appellant Complainant is directed to appear before the District Forum- III, Janakpuri, New Delhi on 12.08.2014.  

5)              A copy of this order be sent to District Forum- III, Janakpuri, New Delhi to keep it on complaint file and for compliance.