Date of Decision: 27.08.2014

First Appeal – 607/2014

Sh. J.K. Arya,

R/o A-56, Mohan Garden,

Uttam Nagar, New Delhi.

………Appellant

Vs

Laxmi & Co.,

Through its Director,

Group of Nanda Bricks Tech 30,

Amman Koil Street, Venkit Apuram,

GCT Post, Coimbatore,

Tamilnadu-641013.

……..Respondent

CORAM

Salma Noor, 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, MEMBER

1.     In a complaint case bearing No.727/2013 J.K. Arya vs Laxmi & Co. filed before District Forum (Central), Janak Puri, New Delhi on 20.05.2014, 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 Shri Prasoon Shrivastava, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.

4.        The version of the complainant/appellant is that due to the bonafide mistake next date of hearing was recorded as 24.05.14 in place of 20.5.14. Therefore, the Appellant could not appear on 20.5.14 and the District Forum dismissed the complaint in Complainant’s default.  In support of his contention, 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 (Central), Janak Puri, New Delhi with a direction to restore the complaint on its original number and to further proceed in the case with accordance to law.  The Appellant/ Complainant is directed to appear before the District Forum (Central), Janak Puri, New Delhi on 14.10.2014.

5.   A copy of this order be sent to District Forum (Central), Janak Puri, New Delhi to keep it on complaint file and for compliance.