Date of Decision: 21.08.2014
First Appeal – 755/2014
Mudita Sharma,
D/o D.P. Sharma,
II Floor, 18 UB,
Jawahar Nagar,
Kamla Nagar,
Delhi-07.
………Appellant
Vs
Maxamus Pharma Pvt. Ltd.,
315, III Floor, Sarja Market,
Sector-7, Rohini, Delhi-85.
Medicine Point,
E-166, Kamla Nagar,
Delhi-07.
……..Respondents
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.171/2014 Mudita Sharma vs Maxamus Pharma Pvt. Ltd. & Medicine Point filed before District Forum(North), Tis Hazari, Delhi on 17.07.2014, 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 Ms Mudita Sharma, Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the complainant/appellant is that there was a miscommunication of dates and court procedure between the Court Master and the Appellant. Therefore, the Appellant could not appear on 17.7.14 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 17.07.2014 in question, and remand the case back to District Forum(North), Tis Hazari, 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(North), Tis Hazari, Delhi on 11.09.2014.
5. A copy of this order be sent to District Forum(North), Tis Hazari, Delhi to keep it on complaint file and for compliance.
