IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 15.7.2014
First Appeal - 492/14
| Shri Madhusudan Tiwari R/o 353-A, Ambedkar Mag, Mandawali, Delhi-92 | .........Appellant |
VS
| Medicare TPA Services (I) Pvt. Ltd. Through its Director, E-1, Jhandewalan Extn., Rani Jhansi Road, Near Videocon Tower, New Delhi-110 055 Royal Sundram Alliance Insurance Co. Ltd. Through its Director Corporate Office Sundaram towers, 45 & 46, Whites Road, Chennai-600 014 Regd. Office:21, Patullos Road, Chennai-600 002 | ..........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)
1. In a complaint case bearing No. 275/2014, titled as Medicare TPA Services (I) Pvt. Ltd. Vs. Medicare TPA Services (I) Pvt. Ltd. & Ors. filed before District Forum (East), Saini Enclave, Delhi, the Complainant had not put his appearance before the District Forum on 21.4.2014 and the Forum dismissed the complaint in complainant’s default.
2. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
3. We have heard Ms. Avantika Thakur, Counsel for the Appellant in this appeal at the admission stage itself.
4. Policy of law is not to stile a contest. In such circumstances lenient view is required to be taken so as to allow the complaint and the matter may be decided on merit. We, therefore, allow the appeal setting aside the dismissal orders dated 21.4.2014 and remand the case back to District Consumer Disputes Redressal Forum (East), Saini Enclave, Delhi, with a direction to restore the complaint to its original number, and to proceed in the case according to law. The Appellant Complainant is directed to appear before the District Consumer Disputes Redressal Forum (East), Saini Enclave, Delhi, on 19.8.2014.
5. 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.
