Date of Decision: 31.7.2014
First Appeal-693/2014
| Mr. Sandeep Kumar S/o Sh. Ram Kumar Dalal R/o 1464, Nirman Patti, Noogra Jind, Haryana | .........Appellant |
VS
| Bajaj Allianz Life Insurance Co. Ltd. B-37/38, Connaught Place, New Delhi-110 001 | ………...Respondentd |
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. 878/2012, titled as Sandeep Kumar Vs. Bajaj Allianz Life Insurance Co. Ltd. pending before District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate, New Delhi, the Complainant had not put his appearance before the District Forum on 2.7.2014 and the Forum dismissed the complaint in complainant’s default.
2. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
3. We have heard Shri Ajay Kumar Sharma, Counsel for the Appellant in this appeal at the admission stage itself.
4. The appellant/complainant submits that he is residing at Chandigarh and counsel who was representing his case before the Forum was busy in another matter at Tis Hazari and could not reach the Forum on 2.7.2014 and that his how the default occurred and the Forum dismissed the complainant in complainant’s default.
5. We do not find any reason for not believing the version of the complainant/appellant. Policy of law is not to stile a contest. In such circumstances lenient view is required to be taken so as to allow the complaint and the matter may be decided on merit. We, therefore, allow the appeal setting aside the dismissal orders dated 2.7.2014 and remand the case back to District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate, New Delhi with a direction to restore the complaint to its original number, and to proceed in the case according to law. The Appellant Complainant is directed to appear before the District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate, New Delhi on 2.9.2014.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate,, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
