Delhi

StateCommission

FA/439/2014

JSB AUTO INDIA (P). LTD. - Complainant(s)

Versus

GAURAV GULATI - Opp.Party(s)

ANIL KUMAR & ASSOCIATES

28 Aug 2014

ORDER

 

Date of Decision:28.08.2014

 

First Appeal No. – 439/2014

 

M/s JSB Auto India Pvt. Ltd.

At: A-39, Mohan Co-operative Industrial Estate,

Mathura Road, New Delhi-110044.                                     …….Appellant

 

Versus

 

Gaurav Gulati

At: B6956, Vasant Kunj,

New Delhi                                                                      …….Respondent

 

CORAM

 

Justice Veena Birbal, President

Salma Noor                          - Member

N P Kaushik                      - Member (Judicial)

 

Salma Noor, Member

 

1)       In a complaint case bearing no. 1133/13, M/s JSB Auto India Pvt. Vs Gaurav Gulati, filed before District Forum Central, Vikas Bhawan, Delhi 28.02.2014 was fixed for appearance of the OP and the OP absented himself and the District Forum ordered to proceed ex-parte against him. That is what brings the appellant/OP to appear before this Commission for setting aside the said ex-parte order.

2)         We have heard Ms. Shivi Tiwari, counsel for the appellant in this appeal at the admission stage as there is no need to hear the respondent.

3)         The version of the appellant/ OP for his non appearance on 28.02.2014 in the case before the Forum is that the appellant has never received any summons notice from the Ld. District Forum. The version of the appellant is supported by an affidavit. There is no plausible reason to disbelieve or not to rely and act upon the version of the appellant. Besides, it has always been the consistent policy of the courts to allow a little latitude, so that the parties may contest the case on merits, and an effective order may be passed. In view of that, order dt. 28.02.2014 passed by the District Forum against the appellant/ OP is set aside, subject to payment of costs of Rs. 2000/- (which the OP will pay to the complainant) with the direction to the District Forum that they will allow the appellant/ OP to file the WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear through his counsel, before the District Forum Central, Vikas Bhawan, Delhi on the date fixed in this case.

4)   Copy of this order be sent to District Forum Central, Vikas Bhawan, Delhi for information and to keep it on record and compliance.