IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 25.08.2014

First Appeal – 776/2014

Ms. Poonam Kaushik,

Wife of Shri Rajender Singh,

R/o 17A, Ground Floor,

Village Malikpur,

Model Town I,

Delhi-110009.

………Appellant

Vs

1. M/s. Nanda Electronics,

Shop No.59, Opp.T.B. Hospital,

G.T.B. Nagar, Delhi-110009.

(Through its Partner/Proprietor/Manager)

1. M/s. The Godrej & Boyce Mft. Co. Ltd.,

Godrej Bhawan, A 2^nd Floor,

Shershah Suri Marg,

Okhla, New Delhi-110065.

Through its authorized signatory.

1. M/s. The Godrej & Boyce Mft. Co. Ltd.,

Appliance Division,

Plant II, Pirojshanagar,

Vikhroli (West),

Mumbai-400079.

(Through its authorized signatory)

……..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.970/2012 Pooja Kaushik vs Nanda Electronics & others filed before District Forum

(North West), Shalimar Bagh, Delhi on 3.7.14, 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 Ms Sneh Lata, 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 3.7.2014 before District Forum is that the Appellant had to appear in her own professional cases also and after attending the relevant case, she reached the District Forum at about 12.00 noon and by that time 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 03.07.2014 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.