IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

           Date of decision: 26.08.2014

Revision Petition-44/2014

1. Sh. Shiv Narayan Chaudhar @ S.N. Gureja

Son of Late Sh. D.R. Chaudhary,

    Resident of House No. 34/49,

    West Patel Nagar,

    New Delhi-110008.

2. Sh. Mitesh Chaudhary

    Son of Sh. Mahesh Chaudhary

    Resident of House No. 34/49,

    West Patel Nagar,

    New Delhi-110008.                                         Petitioners

VERSUS

1.   Bandharn Banquette

      14, Najafgarh Road

      Near Zakira Round About

      Moti Nagar, New Delhi-110015.

      Also At:

      39, DLF Industrial Area

      Kirti Nagar

      New Delhi-110015.

2.   Sh. R. Subramaniam, Manager

      Bandhan Banquette

      14, Najafgarh Road

      Near Zakira Round about

      Moti Nagar, New Delhi-110015.                                …Respondents

CORAM

Justice Veena Birbal, PResident

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 case bearing no. 729/2013, Shiv Narain Chaudhary Vs Bandharn Banquette, filed before District Forum- III, Janakpuri, New  Delhi the Complainant absented himself on 26.05.2014, 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 revisionist in this revision petition at the admission stage.

4)          The version of the Complainant appellant for his non appearance before the Forum is that the petitioner 1 is aged about 83 years and was unwell on that day, whereas the petitioner No 2 is presently posted in Mumbai and as such none could appear on 26.05.2014. 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 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 merits. We therefore, allow the appeal setting aside the dismissal orders dt. 26.05.2014 in question, and remand the case back to District Forum- III, Janakpuri, New  Delhi with a direction to restore the complaint to 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 10.10.2014.  

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

(Justice Veena Birbal)

President

(Salma Noor)

Presiding Member

(N P Kaushik)

Member (Judicial)