IN THE STATE COMMISSION: DELHI

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

           Date of decision: 20.08.2014

First Appeal- 753/2014

M/s Paradise Plastics Enterprizes Ldt.

Through His Authorised Representative

Plot No. 26,

Sector-6, IMT, Manesar,

Gurgaon (Haryana)

Also at:

D-1, Site-V, U.P.S.I.D.C Surajpur

Industrial Area, Kasna,

Greater Noida,

District-Gautam Budh Nagar

Uttar Pradesh-201001

                                                                                     …..Appellant

VERSUS

M/s Reliance General Insurance Co. Pvt. Ltd.

Plot. No. 60, Okhala Industrial Area,

Phase-III, New Delhi-110020

                                                                                   …….Respondent

CORAM

(Salma Noor, Presiding 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. 242/2011, M/s Paradise Plastics Enterprizes Vs Reliance Insurance Co. Pvt. Ltd., filed before District Forum- South-II, New Delhi the Complainant absented himself on 15.05.2013, 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 Sh. Manish Kumar, 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 15.05.2013 before the Forum is that his previous counsel neither informed him about the date fixed before the Forum nor appeared himself. The Appellant came to know about the order only when his A.R. Mr. Ravinder Kumar, went to the Forum to enquire about the status of the complaint and found that the complaint was already dismissed on 15.05.2013. To support of his version Appellant has filed an affidavit of Mr. Ravinder Kumar, A.R. of the Appellant Company. 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. 15.05.2013 in question, and remand the case back to District Forum South-II, 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 South-II, New Delhi on 14.10.2014 

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