IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 16.07.2014

First Appeal – 259/2014

Iqbal Chand,

S/o Late Shri Diwan Chand,

R/o House No. 244, Gali No. 22,

Main Market, Sant Nagar,

Burari, Delhi-110084.

………Appellant

Vs

1. Canara Bank,

Through its Branch Manager,

Sant Nagar, Burari,

Delhi-110084.

1. Punjab National Bank,

Through its Branch Manager,

Sant Nagar, Burari,

Delhi-110084.

……..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.118/2013 Iqbal Chand vs Canara Bank & Anr. filed before District Forum(North), Tis Hazari, Delhi on 12.02.2014, 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. Ashok Kumar Jha, 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 his Counsel noted down the wrong date as 13.2.2014 in place of 12.2.2014.  Therefore he could not appear on 12.2.2014 and the case was dismissed in default by the District Forum. 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 12.02.2014 in question, and remand the case back to District Forum(North), Tis Hazari, 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(North), Tis Hazari, Delhi on 11.11.14.

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