IN THE STATE COMMISSION: DELHI

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

           Date of decision: 05.09.2014

First Appeal-815/2014

Mr. Gurmeet Singh Bhatia

S/o Late Mr. M.P. Singh Bhatia

R/o E-231, Ramesh Nagar,

New Delhi-110015.                                                       …..Appellant

VERSUS

M/s ICICI Bank Ltd.

Having Its Regional Office at:

E-17, 2^nd Floor,

South Extn.-II

New Delhi

Also at:

Race Course Circle, Vadodhra 390007

Gujarat, India                                                              …….Respondent

CORAM

Justice Veena Birbal, President

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?

Salma Noor, Member

1)           In a complaint case bearing no. 560/2013, Gurpreet Singh Bhatia Vs ICICI Bank Ltd., filed before District Forum-II, Qutub Institutional Area, New Delhi the Complainant absented himself on 01.05.2014, the date fixed for hearing, 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, counsel for the Appellant in this appeal at the admission stage.

4)          The version of the Complainant appellant for his non appearance on 01.05.2014 before the Forum is that the counsel who was representing the complainant before the Forum jolted down wrong date 10.05.2014 in place of 01.05.2014. To support of his version counsel for the appellant filed 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 the law to stifle to contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parities may have an opportunity to present their case before the Forum, and the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dt. 01.05.2014 in question, and remand the case back to District Forum-II, Qutub Institutional Area, New 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-II, Qutub Institutional Area, New Delhi on 05.11.2014.  

5)              A copy of this order be sent to District Forum- II, Qutub Institutional Area, New Delhi to keep it on complaint file and for compliance.

(Justice Veena Birbal)

President

                                                                                 (Salma Noor)

Member

(N P Kaushik)

Member (Judicial)