IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 22.5.2014
First Appeal – 428/2014
| M/s Sychorian Matrimonial Services Ltd., AB-1, Kamal Cinema Complex, Safdarjung Enclave, New Delhi | .........APPELLANT |
VS
| Shri Hari Om Suri, S/o Late Sh. C.L. Suri, C-31/B, Kalkaji, New Delhi-110 019 | ……………....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?
SALMA NOOR, MEMBER
1. In a complaint case bearing No.174/2013 titled as Hari Om Suri Vs M/s Sychorian Matrimonial Services Ltd. pending before District Forum-II, Qutab Institutional Area, Mehrauli, Delhi, opposite parte (in short OP) had not put appearance before the District Forum on 1.4.2014.
2. In the present appeal before this Commission, OP/Appellant has prayed for setting aside the orders proceeding against him ex-parte.
3. We have heard Ms. Sujata Rao, Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant OP for his non appearance on 1.4.2014 in the case before the Forum is that the counsel who was representing the appellant before the Forum was suffering from viral fever.
5. We do not find any reason for not believing the version of the appellant/OP. Policy of law is not to stifle a contest. In such circumstances, a lenient view is required to be taken so as to allow the OP to contest the case. We, therefore, allow the appeal setting aside the ex-parte orders dated 1.04.2014 and remand the case back to District Consumer Disputes Redressal Forum – II, Qutub Institutional Area, Mehrauli, Delhi to decide the case on merits. OP is directed to appear before the District Forum-II on the date fixed.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum – II, Qutub Institutional Area, Mehrauli, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
