Date of Decision:   28.08.2014

FA - 798/2014

(Arising from the order dated 3.7.2014 passed by District Forum-VI, New Delhi in Complaint Case No. 557/2011)

1. Heard Shri Nikhil Jain, Counsel for the appellant.
2. The appellant herein was the complainant before the District Forum-VI, New Delhi.  By the impugned order dated 3.7.14 passed by District Forum-VI, the complaint of appellant has been dismissed for non-prosecution.
3.  Ld. Counsel for the appellant has submitted that appellant is a senior citizen and the complaint filed by him before District Forum was relating to not allotting a MIG flat to him by the opposite party.  It is submitted that pleadings before the District Forum were completed long back.  But due to non-appearance on 3.7.14, the complaint was dismissed for non-prosecution.  It is submitted that great hardship shall be caused to the appellant if the impugned order is not set aside as the appellant would not be able to contest his case on merits.  It is submitted that non-appearance was bonafide and due to reasons beyond the control of appellant.  It is stated that appellant undertakes to pay the costs on the next date before the District Forum as was imposed by the said Forum.  It is submitted that the appellant had all through perused his matter seriously except for one or two dates when he could not appear.
4. In view of the reasons given for non-appearance which is supported with affidavit of appellant, the impugned order dated 3.7.14 is set aside.  The complaint stands restored to its original number.  The appellant shall appear before District Forum on 10.10.14.  Thereafter the District Forum shall proceed in accordance with law after serving the opposite party.  Appellant undertakes to pay costs to the opposite party as imposed by the District Forum on the date fixed.
5. The appeal stands disposed of accordingly.
6. FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.

1. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.