IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 30.07.2014

First Appeal – 558/2014

Mrs. Promila Singh,

W/o Shri Ranjeet Singh,

R/o 73-Pana Udyan Thomda Chowk,

Narela, Delhi-110040.

………Appellant

Vs

HDFC Bank Ltd.,

Through General Manager,

1961/5, Kundali Road,

Railway Road, Narela,

Delhi-110040.

……..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.258/2013 Promila Singh  vs HDFC Bank Ltd. filed before District Forum, North West, Shalimar Bagh, New Delhi on 20.05.2014, the Complainant was not present and the Forum dismissed the complaint for non-appearance.

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

3.     We have heard Sh. Ranjeet Singh, Husband of the Appellant at the admission stage as there is no need to hear the Respondent.

4.        The version of the complainant/appellant is that on 20.05.2014, the appellant was struck up in traffic jam at Ring Road, near Wazirpur Depot and due to that he reached the District Forum little bit late and till then, the case was dismissed for non-appearance by the District Forum.  In support of her version, 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 20.05.2014 in question, and remand the case back to District Forum, North West, Shalimar Bagh, New 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 West, Shalimar Bagh, New Delhi on 11.11.14.

5.   A copy of this order be sent to District Forum, North West, Shalimar Bagh, New Delhi to keep it on complaint file and for compliance.