IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 16.5.2014

RP – 24/2014

M/s Gulab Singh & Sons Pvt. Ltd.,

Through its Authorized Representative,

Gulab Bhawan, 6, Bahadur Shah Zafar Marg,

New Delhi-110002.

......Appellant

vs

Delhi Jal Board,

Jal Sadan, Lajpat Nagar,

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.430/2013 M/s. Gulab Singh & Sons Pvt. Ltd. vs. Delhi Jal Board filed before District Forum, New Delhi the Complainant absented himself on 2.1.2014, the date fixed for hearing, 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. Ashish Deep Verma & Kaushal Budhia, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the Respondent.

4.   The complainant submits that on 2.1.2014, the Counsel for the Appellant/Complainant was out of station, therefore, he could not appear before the Forum.  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 before the Forum, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 2.1.2014 in question, and remand the case back to District Forum, 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, New Delhi on 25.7.2014.

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