IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 24.07.2014
First Appeal – 1368/2013
Mr. Mayank Sharma,
S/o Sh. Rajiv Sharma,
R/o 213, Sitaram Apartments,
I.P. Extension,
New Delhi-110092.
………Appellant
Vs
Make My Trip India Pvt. Ltd.,
2nd Floor, Plaza Cinema Building,
H-Block, Connaught Place,
New Delhi-110001.
……..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.588/2013 Mayank Sharma vs Make My Trip filed before District Forum, M-Block, Vikas Bhawan, New Delhi on 26.11.2013, the Complainant was not present and the Forum dismissed the complaint for non-prosecution.
2. That is what brings the Complainant/Appellant in appeal before this Commission.
3. We have heard Sh. Sugam Seth, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the complainant/appellant for non-appearance on 26.11.2013 before the District Forum is that Counsel for the appellant was stuck in heavy traffic jam, hence she could not reach the Forum in time and the complaint was dismissed in 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 26.11.2013 in question, and remand the case back to District Forum, M-Block, Vikas Bhawan, 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, M-Block, Vikas Bhawan, New Delhi on the date fixed.
5. A copy of this order be sent to District Forum, M-Block, Vikas Bhawan, New Delhi to keep it on complaint file and for compliance.
(Salma Noor)
Presiding Member
