IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 19.05.2014
First Appeal - 404/14
| - Sanjay Kumar Jain
S/o Shri S. K. Jain - Smt. Vibha Jain
W/o Shri Sanjay Kumar Jain Both R/o 93, Bahubali Enclave Delhi – 110092 | .........Appellant |
VS
| M/s. Complete Fitness Pvt. Ltd. GOLD’S Gym 1, 2 & 3rd Floor, 9, Dayanand Vihar, Delhi - 110092 | ………...Respondent |
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. 217/2013, titled as Sanjay Kumar Jain Vs. Complete Fitness filed pending before District Forum (East), Saini Enclave, Delhi, the Complainant had not put his appearance before the District Forum on 27.03.2014 and the Forum dismissed the complaint in complainant’s default.
3. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
4. We have heard the Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant/Complainant for his non appearance before the Forum is that the counsel for the complainant was in busy in another matter in Karkadooma Courts on 27.03.2014, the date fixed for hearing and sent his clerk for taking Passover for 12 PM. The clerk appeared before the forum in morning session and the matter was passover but when the counsel for complainant reached the Forum at about 11.45 AM, it was informed by the court staff that the aforesaid case has already been dismissed in 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 27.03.2014 and remand the case back to District Consumer Disputes Redressal Forum (East), Saini Enclave, 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 (East), Saini Enclave, Delhi, on 30.07.2014.
5. 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.
