IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 25.07.2014

First Appeal – 668/2014

Smt. Leela Devi,

W/o Sh. Sohan Lal,

R/o H.No. 6858, Quila Kadam Sarif,

Shankar Marg, Nabi Karim,

Paharganj, Delhi-110055.

………Appellant

Vs

1. M/s. Sky Line Automobiles,

Through its Senior Sales Manager,

Sh. Madho Singh Rawat,

1E/11, Swami Ram Tirath Nagar,

Jhandewalan Extension,

New Delhi-110055.

1. Mahindra & Mahindra Limited,

Through its Manager,

Mahindra Tower, 2A, IInd Floor,

Bhikajicama Palace,

New Delhi-110066.

 ……..Respondents

CORAM

Salma Noor, Presiding Member

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?

SALMA NOOR, PRESIDING MEMBER

1.     In a complaint case bearing No.207/2010 Leela Devi vs M/s. Sky Line Automobiles & Others filed before District Forum, Kashmiri Gate, ISBT, Delhi on 09.10.2013, the Complainant was not present 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. Hitesh Bhardwaj, 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 her non-appearance on 09.10.2013 before District Forum is that her previous counsel neither informed her about the date fixed nor appeared himself before the District Forum.  Due to the negligence of the counsel, the District Forum dismissed the complaint in default. In support of her version, the Complainant 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 09.10.2013 in question, and remand the case back to District Forum, Kashmiri Gate, ISBT, 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, Kashmiri Gate, ISBT, Delhi on 11.11.14.

5.   A copy of this order be sent to District Forum, Kashmiri Gate, ISBT, Delhi to keep it on complaint file and for compliance.