Date of Decision: 21.08.2014

First Appeal – 764/2014

M/s. Fair Deal Automobiles,

D-8/2, Okhla Phase-II,

New Delhi-110020.

………Appellant

Vs

Fausiuddin,

S/o Sh. Masiuddin,

R/o K-II, 395, Sangam Vihar,

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.339/2013 Fausiuddin vs M/s. Fair Deal Automobiles filed before District Forum, Sheikh Sarai, Delhi 09.05.2014 was fixed for filing WS by the OP/Appellant, but due to non-appearance, the Forum proceeded ex-parte. 

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

3.    We have heard Shri Anil Kumar, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.

4.      The version of the Appellant/OP for his non-appearance before the District Forum on the date fixed is that AR of the Appellant noted the wrong date. Hence he could not appear and the case was proceeded ex-parte. In support of his contention, Appellant has filed an affidavit. There is no plausible reason not to rely and not to act upon this version of the appellant. Besides that 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 ex-parte orders dated 09.05.14 in question, subject to payment of costs of Rs.2,000/- which the OP will pay to the complainant on the next date.  The case is remanded back to the District Forum, Sheikh Sarai, Delhi with the direction that they will allow the Appellant/OP to file the WS and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum, Sheikh Sarai, Delhi on the date fixed.

5.   A copy of this order be sent to District Forum, Sheikh Sarai, Delhi to keep it on complaint file and for6 compliance.