IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 23.7.2014
FA-487/2014
| M/s Shiv Auto Place D-5, School Block, Main 100 Feet Road, Nathu Colony, Delhi-110 094 | .........Appellant |
VS
| Sh. Mohd. Mustafa S/o Mohd. Sadiq, R/o 327, Block E-4, Nand Nagari, Delhi-93 | ………...Respondent |
CORAM
SALMA NOOR, MEMBER
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. 3/2013 titled as Sh. Mohd. Mustafa S/o Mohd. Sadiq VS. M/s Shiv Auto Place & Ors. pending before District Forum (North East), Nand Nagari, Delhi, opposite party No.1 (in short OP) had not put his appearance before the District Forum on 15.4.2014, hence proceeded ex-parte. Applications for setting aside the order was also dismissed vide order dated 12.5.2014 on the ground that the Forum has no power to review its own order.
2 In the present appeal before this Commission, OP/Appellant has prayed for setting aside the orders proceeding against him ex-parte.
3. We have heard Shri Vijay Kumar Verma, Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant/OP for non-appearance on 15.4.2014 in the case before the Forum is that the counsel who was defending his case before the Forum inadvertently jotted down incorrect date of hearing and the case was proceeded ex-parte against him due to non appearance.
5. We do not find any reason or not believing the version of the appellant/OP. Policy of law is not to stifle a contest. In such circumstances, a lenient view is required to be taken so as to allow the OP to contest the case on merits. Order dated 15.4.2014 passed by the District Forum against the appellant/OP is set aside, subject to payment of cost of Rs.3,000/- which the OP will pay to the complainant on the next date, with the direction to the District Forum that they will allow the appellant/OP to file the WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear, through his counsel, before the District Forum (North East), Nand Nagari, Delhi in this case on the date fixed.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum (North East), Nand Nagari, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
