IN THE STATE COMMISSION :DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                                                                                 Date of Decision: 25.08.2014

First Appeal – 777/2014

Shri Mayank Rao,

R/o H.No. 23/55,

Samaipur,

Delhi-110042.

………Appellant

Vs

1. M/s. Balaji Paints Sanitary and Hardware Stores,

Sector-15, Rohini,

Delhi-110089.

1. M/s. Asian Paints,

B-81, Maya Puri, Industrial Area,

New Delhi-110064.

……..Respondents

CORAM

Justice Veena Birbal, President

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?

NP Kaushik, Member Judicial

1.     In a complaint case bearing No.208/2014 Mayank Rai vs Balaji Paints Sanitary and Hardware Stores and others filed before District Forum (North West), Shalimar Bagh, Delhi on 7.7.14, the Complainant was not present and the Forum dismissed the complaint in complainant’s default.

2.      That is what brings the Appellant in appeal before this Commission.

3.     We have heard Shri Saket Paliwal, 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 his non-appearance on 7.7.2014 before District Forum is that the Appellant noted down wrong date as 7.8.14 in place of 7.7.14.  Therefore, he could not appear before the District Forum and the case 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 07.07.2014 in question, and remand the case back to District Forum(North West), Shalimar Bagh, 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 West), Shalimar Bagh, Delhi on 15.10.2014.    

5.   A copy of this order be sent to District Forum(North West), Shalimar Bagh, Delhi to keep it on complaint file and for compliance.