Date of Decision: 1.8.2014
FA-626/2014
| Union Bank of India Through its Manager, Anand Vihar, Delhi | .........Appellant |
VS
| Banku Ram, W/o Sh. Virender Kumar House No.31, Pocket H-4, Sector-16, Rohini, Delhi-85 Central Bank of India Through its Manager Savita Vihar, Delhi-92 | ………...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?
N P Kaushik, Member (Judicial)
1. In a complaint case bearing No.116/2014 titled as Banku Ram Vs. Union of India & Ors pending before District Forum (East), Saini Enclave, Delhi, Opposite Parte No.2 (in short OP) had not put his appearance before the District Forum on 28.5..2014, hence the OP was ordered to be proceeded ex-party.
2. In the present appeal before this Commission, OP /Appellant has prayed for setting aside the orders dated 28.5.2014 passed by the District Forum
3. We have heard Shri Rajiv Sagar, Counsel for the Appellant in this appeal at the admission stage itself
4. The version of the appellant/OP No.2 for non-appearance on 28.5.2014 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 No.2 to contest the case. Order dated 28.5.2014 passed by the District Forum against the appellant/OP No.2 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 N o.2 to file the WS and evidence and decide the case after hearing both the parties. The appellant/OP No.2 is directed to appear, through his counsel, before the District Forum (East), Saini Enclave, Delhi in this case on the date fixed.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum (East), Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
