IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 03.07.2014

First Appeal – 453/2014

Sahil Jain,

K-112, Western Avenue,

Sainik Farms,

New Delhi-110062.

………Appellant

Vs

Jet Airways (India) Ltd.,

Jet Air House, 13 Community Centre,

Yusuf Sarai,

New Delhi-110049.

……..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.46/2014 Sahil Jain vs Jet Airways (India) Ltd. filed before District Forum-II, Distt. South, Delhi on 06.03.2014, 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. Amit Kumar Srivastav, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the Respondent.

4.   The complainant/appellant submits that he was out of station on 06.03.2014 for his business purpose and the Ld. District Forum failed to mark the presence of the Counsel. 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 06.03.2014 in question, and remand the case back to District Forum-II, Distt. South, 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-II, Distt. South, Delhi on 04.08.2014.

5.   A copy of this order be sent to District Forum-II, Distt. South, Delhi to keep it on complaint file and for compliance.