IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 22.07.2014

First Appeal – 517/2014

1. Mrs. Roma  Bhadra,

W/o Shri Amit Chaudhary

1. Shri Amit Chaudhary,

S/o Col. Ved Prakash (Retd.),

Both residents of

B-360, Green Field Colony,

Faridabad, Haryana.

………Appellants

Vs

M/s. Country Club India Limited,

(Through the Managing Director),

25, Community Center,

UG Floor, East of Kailash,

New Delhi-110065.

Also at:

6-3-1219, Begumpet,

Hyderabad-500016.

……..Respondent

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.15/2014 Roma Bhadra & Anr. vs Country Club (I) Ltd. filed before District Forum (X), Qutab, New Delhi on 23.04.2014, 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 Shri Nishant Rai, Counsel for the Appellants with Sh. Amit Chaudhary, Appellant-2 at the admission stage as there is no need to hear the Respondent.

4.        The version of the complainant/appellant is that his case was referred by the District Forum to the Mediation Centre and he was under the impression that the said matter will be heard in Mediation Centre and the same will not be listed before the District Forum unless a final report will come by the Mediation Centre.  But the District Forum dismissed the complaint on 23.4.2014 for non-appearance of Complainant without waiting report of the Mediation Centre.  In support of his version, the Complainant had 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 23.4.2014 in question, and remand the case back to District Forum (X), Qutab, New 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 (X), Qutab, New Delhi on 31.10.14.

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