IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 08.07.2014

First Appeal – 465/2014

Ms. Ruchi Jain,

W/o Shri Praveen Jain,

Flat No.94, Vidya Vihar Apartment,

Sector 9, Rohini,

Delhi-110085.

………Appellant

Vs

Country Club India Ltd.,

Shop No. F-15, First Floor,

Metro Walk Mall, Rithala,

Rohini, Sector-10

Delhi-110085.

Also at:

25, Community Centre,

East of Kailash,

New Delhi.

……..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.1052/2012 Ruchi Jain vs Country Club India Ltd. filed before District Forum-V, Shalimar Bagh, New Delhi on 18.03.2014, 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. Rupesh Sharma, 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 proxy counsel for the appellant noted wrong date i.e. 31.03.2014 in place of 18.03.2014.  Therefore, the default occurred. 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 18.03.2014 in question, and remand the case back to District Forum-V, Shalimar Bagh, 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-V, Shalimar Bagh, New Delhi, New Delhi on 11.08.2014.

5.   A copy of this order be sent to District Forum-V, Shalimar Bagh, New Delhi to keep it on complaint file and for compliance.