IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 25.08.2014

First Appeal – 1029/2013

Ms. Indra,

D/o late Sh. Harbhagwan,

Lawyers’ Chamber No. 293-294,

Western Wing, Tis Hazari Courts,

Delhi-110054.

………Appellant

Vs

Eureka Forbes Limited,

Through its Director,

M-37, M-Block Market,

Greater Kailash-II,

New Delhi-110048.

……..Respondent

CORAM

Justice Veena Birbal, President

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?

NP Kaushik, Member Judicial

1.     In a complaint case bearing No.611/2010 Indra vs Eureka Forbes Ltd. filed before District Forum(North),Tis Hazari, Delhi on 13.3.13, the Complainant was not present and the Forum dismissed the complaint in complainant’s default.

2.      That is what brings the Appellant in appeal before this Commission.

3.     We have heard Ms Indra, Appellant in person at the admission stage as there is no need to hear the Respondent.

4.      The version of the complainant/appellant for his non-appearance on 13.3.2013 before District Forum is that on that day another case was also listed before the District Forum which were adjourned for 16.2.13 & 28.3.13 respectively.  But on 28.3.13, the appellant came to know that the case was dismissed in default on 13.3.13. In support of his contention, the Appellant has 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 13.03.2013 in question, and remand the case back to District Forum(North),Tis Hazari, 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(North),Tis Hazari, Delhi on 15.10.2014.    

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