IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 19.05.2014
RP - 22/14
| Shri Kripal Singh S/o Late Shri Tula Ram Prop. Of M/s. Charming Photostate G-21, Aggarwal Tower, I.P. Extension, Patparganj, Delhi - 110092 | .........Appellant |
VS
| Shri Kamal Kumar Verma S/o Late Shri Baldev Krishan R/o B-84, Kripal Apartments Delhi - 110092 | ………...Respondent |
CORAM
SALMA NOOR, MEMBER
N P KAUSHIK, MEMBER (JUDICIAL)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik, Member (Judicial)
- This Revision filed by the appellant is treated as appeal
2. In a complaint case bearing No.465/2013 titled as Kamal Kumar Verma Vs. Kirpal Singh pending before District Forum (East), Saini Enclave, Delhi, Opposite Parte No.2 (in short OP) had not put his appearance before the District Forum on 12.03.2014, hence the OP No.2 was ordered to be proceeded ex-party.
3. In the present appeal before this Commission, OP No.2/Appellant has prayed for setting aside the orders dated 12.3.2014 passed by the District Forum
4. We have heard Shri Dilip Aggargwal, Advocate, Counsel for the Appellant in this appeal at the admission stage itself
5. The version of the appellant/OP for non-appearance before the Forum is that he has never served with the notice and was proceeded ex-parte due to non appearance.
6. We do not find any reason or not believing the version of the appellant/OP No.2. Policy of law is not to stifle a contest. In such circumstances, a lenient view is required to be taken so as to allow the OP No.2to contest the case. Order dated 12.3.2014 passed by the District Forum against the appellant/OP No.2 is set aside, subject to payment of cost of Rs.2,000/- which the OP will pay to the complainant on the next date, with the direction to the District Forum that they will allow the appellant/OP No.2 to file the WS and evidence and decide the case after hearing both the parties. The appellant/OP No.2 is directed to appear, through his counsel, before the District Forum (East), Saini Enclave, Delhi in this case on the date fixed.
7. Copy of this order be sent to District Consumer Disputes Redressal Forum (East), Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
