Sh. Viresh Mohan,
S/o Sh. Mohan Lal Sharma,
R/o 1333, Harshuke Panna,
Village Pooth Khurd,
Delhi-110039.
….Appellant
Versus
1) Mahindra & Mahindra Ltd.
Mahindra Towers, Worli Road No. 13,
Mumbai, 400 018.
2) Sh. Durga Automobiles,
(A Division of LIDO Commercial Co. Ltd.)
55, Rama Road,
New Delhi-110015.
.….Respondent
CORAM
Salma Noor, Member
N P Kaushik, Member (Judicial)
Salma Noor, Member
1. This is an appeal filed against the order of the District Forum, Janak Puri, New Delhi dated 08.07.2014 in complaint case no. 232/14 by which the complaint of the complainant was dismissed in complainant’s default.
2. We have heard, appellant in person in this appeal and perused the record.
3. The submission of the complainant is that after engaging a counsel in the present case he was under the impression that his counsel will appear before the District Forum and pursue his complaint but neither he appeared before the District Forum nor he informed him about the date. Due to the negligence of the counsel his complaint was dismissed in default. To support of his contention the appellant has filed his own affidavit. We do not find any plausible reason to disagree with the appellant’s version. Under the circumstances, we allow the appeal and set aside the dismissal order dated 08.07.2014 in question and remand the case back to District Forum, Janak Puri, New Delhi with a direction to restore the complaint to its original number, and to further proceed in the case with accordance of law, issuing notice to the opposite party. The appellant/complainant is directed to appear before the District Forum on 09.01.2015.
5) Copy of this order be sent to District Forum, Janak Puri, New Delhi for information and to keep it on record and compliance. File be consigned to record room.
