IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 16.07.2014

First Appeal – 500/2014

Sanjay Chaurasia,

S/o Sh. Sumer Chaurasiya,

R/o 1058, Katra Gulam Mohd.,

Lal Kuan, Delhi-110006.

………Appellant

Vs

1. M/s. Bharti Telecom,

1096, Gali Samosan, Farash Khana

Main Road, Delhi-110006.

1. M/s. New Wireless Communications,

Flat No. 2, First Floor, Ansari Market,

Daryaganj, New Delhi-110002.

1. M/s. Intex Technologies (India) Limited,

D-18/2, Okhla Industrial Area,

Phase-II, New Delhi-110020.

……..Respondents

CORAM

Salma Noor, Presiding Member

NP 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, PRESIDING MEMBER

1.     In a complaint case bearing No.47/2013 Sanjay Chaurasiya vs M/s Bharti Telecom & Anr. filed before District Forum, Tis Hazari Courts, Delhi on 06.03.2014, the Complainant was not present 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 Sh. Amar Kumar, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.

4.     The version of the complainant/appellant is that on 06.03.2014, the attending counsel Mr. C.P. Dubey when he slipped due twisted ankle sustained minor injury while climbing down from stairs at Tis Hazari Courts and could not appear before the District Forum and the complaint was dismissed in default. In support of 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. It has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case and the matter be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 06.03.2014 in question, and remand the case back to District Forum, Tis Hazari Courts, 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, Tis Hazari Courts, Delhi on 11.11.14.

5.   A copy of this order be sent to District Forum, Tis Hazari Courts, Delhi to keep it on complaint file and for compliance.