Date of Decision: 03.07.2014
First Appeal – 724/2013
Shri Anil Kumar Gupta,
S/o Shri Vijay Shankar Gupta,
R/o Pocket A-1, Flat No.11,
Sector 3, Rohini,
New Delhi-110085.
………Appellant
Vs
1.HDFC Ergo General Insurance Co. Ltd.
2.The General Manager,
HDFC Ergo General Insurance Co. Ltd.
3.The Claim Officer,
HDFC Ergo General Insurance Co. Ltd.
4.Customer Services Manager,
HDFC Ergo General Insurance Co. Ltd.
The respondents No. 1 to 4 are working
for gain at Plot No.C-9, 3rd Floor,
Pearl Best Height II, Netaji Subhash
Palace, Pitam Pura, New Delhi.
5.Fahrenheit Automobiles Pvt. Ltd.,
78/3, Silvania Laxman Complex,
Moti Nagar, New Delhi.
……..Respondents
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.1062/2012 Anil Kumar Gupta vs HDFC Ergo General Insurance Co. Ltd. & Others filed before District Forum, North West, Shalimar Bagh, New Delhi on 23.05.2013, the Complainant was not present and the Forum dismissed the complaint in complainant’s default.
2. That is what brings the Complainant/Appellant in appeal before this Commission.
3. We have heard Sh. Pankaj Kumar Agarwal, Counsel for the Appellant at the admission stage as there is no need to hear the Respondents.
4. The version of the complainant/appellant is that he was under bonafide impression that his Counsel will attend the case. But due to non-appearance of his Counsel on 23.05.2013, the Ld. Distt. Forum dismissed the complaint in default. The version of the Appellant is supported by 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 before the Forum, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 23.05.2013 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 04.08.2014.
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.
